Bar Briefs
DBA Board of Trustees
2024-2025
Hon. MicHael J. newMan
President
JaMie H. Greer
First Vice President
Jeff T. cox
Second Vice President
Joanna l. Garcia
Secretary
VicToria l. nilles
Treasurer
Jennifer l. BroGan
Member–at–Large
ToBy K. Henderson
Member–at–Large
erin B. Moore
Member–at–Large
cHrisTopHer M. wolcoTT
Member–at–Large
anne p. KeeTon
Immediate Past President
JoHn M. ruffolo, ex officio
Bar Counsel
Jennifer oTcHy, ex officio Chief Executive Officer
BAR BRIEFS is published by the Dayton Bar Association, 109 N. Main St., Ste 600, Dayton, OH 45402–1129, as its official publication for all members. Comments about this publication and editorial material can be directed to the DBA office. The DAYTON BAR BRIEFS is published September/October through May/June.
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Jennifer Otchy
Chief Executive Officer
Shayla M. Eggleton
Director, Communications & Membership
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The contents expressed in the publication of DAYTON BAR BRIEFS
TRUSTEE'S
JUDGE'S
AI’s Future in the Legal Profession is Here. Are We Ready? By Toby Henderson Esq., Member-at-Large Sebaly Shillito + Dyer
DOG BITE LAW: Plain Meaning Statutory Interpretation and Common Law and Development By The Honorable Timothy N. O'Connell Montgomery County Common Pleas Court
Understanding Ohio's Kinship Care Programs:
KSP, KPIP, KGAP, OWF, and Ohio KANS – What Do They All Mean?
By Mag. Kathleen Lenski, Mag. Moira Murty & Mag. Autumn White Montgomery County Juvenile Court
Kelsey J. Mincheff, Esq. Thompson Hine LLP By Morgan Napier Esq. Faruki, PLL
The Honorable Jennifer Petrella Montgomery County Domestic Relations Court By Lisa D. Brown MPA, CLRP, OCED, Asst Township Admin West Chester Township
First Year Reflections: What I Wish I Knew as a New Attorney By Ricky Murray Esq. Montgomery County Prosecutor's Office & Deztany Johnson Esq. Pickrel Schaeffer & Ebeling Co., LPA
Accessory Dwelling Units: Montgomery County’s Opportunity to Address Housing Affordability, or a Cause for Concern? When Irregularity is a Necessity By Jordan Staley Esq. Coolidge Wall Co., LPA
Five Ways to Ensure You Are Best Utilizing Your Paralegal By Cathy Barnes, Corporate Paralegal Sebaly Shillito + Dyer
It's Time to Eliminate the Five-Month Waiting Period in Disability Cases By Michael Rake Esq. HNB Law
The Legal Kids Foundation: Improving the Future Through Education and Community Engagement By Kermit Lowery Esq.
21st
2025-26 Leadership Develpment Program Deadline May 1st
Last Coffee Talk of the Season April 17th 20 March - May CLE, Meeting & Event Calendar
FARUKI+ ficlaw.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 thompsonhine.com
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. Thank you,
AI’s Future in the Legal Profession is Here. Are We Ready?
By Toby K. Henderson, Esq.
Sebaly Shillito & Dyer
Inthe JAN/FEB 2025 Edition of BarBriefs, Jamie Greer shared thoughts on the impact of several technological advancements on the legal profession over the last 75+ years. In the end, his sage point was, history has shown that no matter the innovation promising to disrupt the practice of law, our legal community joins in a spirit of support to work together through whatever change may come our profession’s collective way. Jamie rightfully flagged Artificial Intelligence as the next momentous change vying to infiltrate our profession. I for one have just scratched the surface in my understanding of AI. So far, I find AI to be fascinating and promising. But as we grapple with how our profession embraces AI’s potential, we must appreciate that AI use raises valid ethical and practical questions for lawyers.
More than two decades ago, in considering two websites accused of engaging in the unauthorized practice of law, the U.S. Ninth Circuit Bankruptcy Appellate Panel explained, “[w]ebsites don’t just grow out of thin air and aren’t maintained out of thin air. They’re put together by people; they’re put on the Internet; and it’s not the website that provides the assistance. It’s the people who develop the website that provide the assistance.”1 Enter AI—now the websites and not the people provide the assistance. The much-discussed advent of AI, with a particular focus on generative artificial
intelligence (GAI), has prompted an array of bold predictions and vigorous responses in the legal world: many courts decry GAI’s “hallucinations” of fake legal analysis and nonexistent precedent,2 while the ABA Standing Committee on Delivery of Legal Services awarded DoNotPay—an online legal service promoted as the “world’s first robot lawyer”—with the 2020 Louis M. Brown Award for Legal Access.3 In his 2023 Year-End Report, Chief Justice Roberts considered whether “judges are about to become obsolete” (our colleagues on the bench can rest easy—the Chief predicted they are here to stay).4
Lawyers cannot ignore GAI. At its core, GAI’s allure is the ability to do certain tasks much faster than humans. This efficiency could result in significant client cost savings. That is, AI is like the emergence of online legal research tools—once attorneys could do research in minutes while sitting at a computer, it was ill-advised, if not prohibited, for a lawyer to charge for hours of research time spent rifling through the stacks at the law library.
As we consider the implications of this fledgling technology, lawyers have a difficult choice: on one hand, the Rules of Professional Responsibility imply that deploying GAI may soon be an important element to providing competent representation.5
The ABA Standing Committee on Ethics and Professional Responsibility recommends that, while
GAI may not be required today, “lawyers should become aware of the GAI tools relevant to their work so that they can make an informed decision, as a matter of professional judgment, whether to avail themselves of these tools or to conduct their work by other means.”6 And attorneys already using AI must be competent in their use of the tools used in their practice.
On the other hand, GAI use presents a host of risks—ranging from the now-colloquial dangers of hallucinated legal citations to emerging questions about overhauling billing practices. The ABA’s 2024 Formal Opinion 512 identified several Professional Conduct Rules GAI-use implicates—1.1 (competence); 1.6, 1.9(c), and 1.18(b) (confidentiality); 1.4 (communication and informed consent); 3.1, 3.3, and 8.4(c) (meritorious claims, honesty, and candor toward the bench); 5.1 and 5.3 (supervisory responsibilities); and 1.5 (fees and expenses). The duty of client confidentiality is a particular concern because GAI’s lifeblood is the specific inputs needed to generate the remarkably detailed outputs. When those inputs are confidential, Rule 1.6 requires the responsible attorney to know who else associated with a GAI tool has access to client information. And since many GAI models are continually self-learning, successive users may receive outputs disclosing previously submitted confidential information. Even systems with more
2025-2026
DBA Board of Trustee Nominees
In accordance with Section 2, Article III of the DBA Code of Regulations, Regular Members may nominate candidates for vacant elected offices by submitting a petition signed by at least 25 dues-paid members by noon on the 15th day after the nominee’s names are published. Nominated candidates for vacancies effective July 1, 2025, include:
Second Vice President:
Erin B. Moore Esq.
President & Shareholder, Green & Green Lawyers
Serving (1) year as Second Vice President; Advance to First Vice President and; President (July 1, 2027 - June 30, 2028).
Secretary:
Joanna L. Garcia Esq.
Thompson Hine LLP
Serve one (2) year term as Treasurer on the Executive Committee (July 1, 2025 - June 30, 2027).
data-sensitive designs can pose risks. For example, the ABA Ethics Committee notes that even an in-house GAI platform (i.e., a self-learning GAI built to only share “learned” data inside a firm of origin) risks inadvertently disclosing one client’s confidential information to other firm clients or attorneys subject to an ethical wall.7 Until GAI tools are better at protecting confidentiality,8 valid concerns remain as to whether commonly available GAI (e.g., ChatGPT) can be used for legal work while preserving client confidentiality. GAI’s status in the legal profession is hardly established. While the ABA released its Formal Opinion on AI in July 2024, only a handful of state bars have followed suit in adopting ethical guidelines.9 It seems inevitable, however, that GAI will become as ubiquitous in legal practice as legal search engines, email, and e-discovery platforms. I am excited to see how the Dayton Legal Community will embrace the new AI frontier.10
Nominate
DBA Liberty Bell Award
Each May, the DBA presents the Liberty Bell Award at the Law Day Celebration, honoring a local individual whose service has significantly impacted our community. This prestigious award recognizes a community partner (excluding lawyers or judges) for contributions in areas like education, business, science, and government.
Submit nominations by April 4th to daybar.org/25lawday or scan the QR code below.
Past Honorees Include:
2024 Brady Kress President & CEO Dayton History
2023 Jacqueline Gazda Dayton Metro Library
2019 Rosalie Makridis Life Essentials
1. Frankfort Dig. Servs. v. Neary (In re Reynoso), 315 B.R. 544, 552 (B.A.P. 9th Cir. 2004).
2. See Alim Al-Hamim v. Star Hearthstone, LLC, 2024 COA 128 (Colorado); Park v. Kim, 91 F.4th 610 (2d Cir. 2024); Mata v. Avianca, Inc., 678 F. Supp. 3d 443 (S.D.N.Y. 2023); Lee v. Delta Air Lines, Inc., No. 20-CV-01705 (WFK) (LGD), 2024 U.S. Dist. LEXIS 51695, at *7-8 (E.D.N.Y. Mar. 21, 2024). See also J.G. v. N.Y.C. Dep’t of Educ., 719 F. Supp. 3d 293, 307-08 (S.D.N.Y. 2024).
3. DoNotPay Honored with ABA Brown Award for Access to Justice Efforts, ABA (Jan. 23, 2020), https:// www.americanbar.org/news/abanews/aba-news-archives/2020/01/donotpay-honored-with-aba-brownaward-for-access-to-justice-effo/.
4. CHIEF JUSTICE JOHN G. ROBERTS, JR., 2023 YEAR-END REPORT ON THE FEDERAL JUDICIARY, 2 (2023), https://www.supremecourt.gov/publicinfo/year-end/2023year-endreport.pdf.
5. See OHIO PROF. COND. RULE 1.1, cmt. [8].
6. ABA Formal Op. 512, 3 (2024).
7. Id. at 6–7.
8. See, e.g., MIT Technology Review Insights, Unlocking Secure, Private AI with Confidential Computing, MIT TECHNOLOGY REVIEW (July 12, 2024), https://www.technologyreview. com/2024/07/12/1094838/unlocking-secure-private-ai-with-confidential-computing/.
9. Christopher S. Gontarz, Navigating the Era of Artificial Intelligence in Law, 73 RI BAR J., 3, 3 (2025)
10. Special thanks to one of my firm’s immensely talented associates, Nathan Rhodes, for helping with this message.
CIVICS & CIVILITY
Civics in Action: Inspiring New Citizens
Judge Michael Newman continues to lead impactful civics education initiatives across Southern Ohio. The year began with the OCLRE District Mock Trial Competition on January 17th, where Judge Newman provided full support and encouragement to participating students. Three Centerville High School teams advanced to regionals, showcasing their dedication and skill. “We’re trying to educate the next generation,” Newman emphasized, highlighting his passion for student engagement.
In the past few months, Judge Newman has been honored to engage in civics education efforts with Judges Peter Silvain and Caroline Gentry from the U.S. District Court, Judge Chris Epley from the Second District Court of Appeals, Judge Elizabeth Ellis from the Montgomery County Common Pleas Court, and Judge Helen Wallace from the Montgomery County Juvenile Court.
On January 24th, Judge Newman participated in a naturalization ceremony at Oakwood High School, welcoming thirty-eight new American citizens from twenty-two countries. Before the ceremony, Judge Newman and fellow judges held a Q&A session with students to discuss the roles of judges and lawyers and the importance of civic engagement. The event featured Oakwood Superintendent Dr. Gupta and Deputy U.S. Marshal Aaron Fisher and his canine, Flower, further emphasizing the day’s significance.
Photo Captions(Top 2-photos):
• Judge Peter Silvain, Judge Guy Humphrey, Judge Caroline Gentry, Rachel Newman, Judge Newman, Jennifer Otchy, DBA CEO and Christopher Wolcott Esq.
• Matt Salyer, Oakwood HS principal, Tim Badenhop, Oakwood MS principal, Judge Elizabeth Ellis, Judge Caroline Gentry, Superintendent, Dr. Neil Gupta, Judge Peter Silvain, Judge Newman and Judge Guy Humphrey.
On February 6th, Judge Newman visited Alter High School for another naturalization ceremony, continuing his educational mission alongside judges, attorneys and his law clerks. He also visited Northmont High School, where his civics outreach efforts remained steadfast.
On February 10th, Judge Newman deepened his engagement at a Constitutional education conference at Independence Hall, in Philadelphia, PA, hosted by the Federal Judicial Center. Through these efforts, he continues to inspire students (young and old) to value the law, civility, and democracy.
• Judge Helen Wallace in group photos with families and students.
• Law student extern Hayley Mullen, law clerks Dorothy McGee & Lauren Shelepak, and judicial assistant Claire McDowell.
• Judge Caroline Gentry addresses huge crowd of attendees
• Judge Chris Epley and staff attorney John Lintz.
Photo Captions (Top left to bottom right):
juvenile law Understanding Ohio's Kinship Care Programs: KSP, KPIP, KGAP, OWF, and Ohio KANS – What Do They All Mean?
In Ohio, kinship care provides a critical safety net for children who must be removed from their homes. Kinship caregivers, relatives or non-relatives with a long-term relationship to the child, step in to provide a loving and stable environment when the child's parents are unable to care for them. Ohio has developed a range of programs and benefits to support kinship caregivers in their role.
The Kinship Support Program (KSP) is designed to provide financial assistance to kinship caregivers. This program aims to ease the kinship caregivers’ financial burden of caring for a child. To qualify for KSP, both the child and the caregiver must meet certain criteria:
For the child:
o The child must be in the custody of the child welfare agency. oThe child must be placed with a kinship caregiver, who can be a relative or a non-relative with a significant relationship to the child.
For the caregiver:
o The caregiver must be 18 years or older.
o The caregiver cannot be a licensed foster parent or have custody of the child.
o The caregiver must past a kinship assessment completed by the child welfare agency.
By Co-Chairs:
Magistrate Kathleen Lenski
Magistrate Moira Murty and Magistrate Autumn White Montgomery County Juvenile Court
Eligible caregivers receive a monthly payment of approximately $12.00 per day, per child, for up to six months from the date that the child was placed with the kinship caregiver by the child welfare agency. During these six months, kinship caregivers are encouraged to become licensed as a kinship foster parent where the daily per diem almost doubles. Once the caregiver is certified as the kinship foster parent then the KSP will end and the caregiver will be paid as a foster parent.
The Kinship Permanency Incentive Program (KPIP) is a program designed to support the long-term stability of children by providing financial assistance to kinship caregivers who have obtained legal custody of a child.
To qualify for KPIP both the child and the caregiver must meet certain criteria:
• The child must have been adjudicated abused, neglected, and/ or dependent.
• The caregiver must have been granted legal custody of the child.
• The caregiver’s family income must be less than 300% of the federal poverty guideline.
• The caregiver must have an approved kinship assessment, and submit a KPIP application to the local county child welfare agency.
Eligible caregivers receive a one-time payment of $525 per child to help with the initial costs of placement. Additionally, they can receive up to seven subsequent payments of $300 every six months to maintain the child’s stability in the home.
The Kinship Guardianship Assistance Program (KGAP) provides ongoing financial assistance and Medicaid to licensed kinship caregivers who become the legal custodians of children previously placed in their care as foster children. Ohio has both a state and federal KGAP program. State funds are used when the child is not IV-E eligible whereas federal funds are used when the child is IV-E eligible. To qualify for a KGAP contract the caregiver must meet the following criteria:
• The caregiver must be a licensed kinship foster parent for the child for six consecutive months.
o The kinship foster parent license is specific for the child that is placed with the kinship foster parent. The licensure process is much shorter and less stringent than a traditional foster parent license.
o Once the child has been in the kinship caregiver's home for six months as a foster placement, then the kinship caregiver is eligible for a KGAP contract. The kinship caregiver will negotiate the subsidy with the State of Ohio and sign a contract. Once the contract is signed, then the juvenile court can proceed with the order of legal custody to the kinship caregiver if that is the final decision reached in the case.
o Traditional foster parents are also eligible for KGAP contracts so long as statutory requirements are met. The foster parents will need to file to intervene in the juvenile court case and request an order determining that they have a kinship relationship with the child along with a request for legal custody. If the juvenile court makes the statutory findings under ORC 2151.4119 and 2151.4120, then the foster parent is eligible to receive a KGAP contract.
• The child must remain in the caregiver’s home after legal custody is granted. If there is a custody change in the future, the KGAP contract is terminated and will not be transferred to the new custodian.
Pursuant to OAC 5101:2-56-01, the monthly KGAP amount is a minimum of $350/month to 80% of the foster care per diem per child until the child reaches 18 years of age. Any Social Security Income the child receives will be taken into consideration when determining the monthly amount. In certain cases, the monthly amount could be less than $350/month.
Ohio Works First (OWF) is Ohio’s Temporary Assistance for Needy Families (TANF) program. Under this program, kinship children may be eligible for financial assistance through the Child-Only program, which provides cash support for children placed in kinship care.
The eligibility for OWF’s Child-Only program is not based on the caregiver's income but on the child’s placement status. A caregiver cannot receive both KSP and OWF Child-Only for the same child. The kinship caregiver can only receive OWF benefits if that person holds custody. When the KSP support ends after six months, the caregiver can apply for OWF Child-Only assistance but only if the temporary custody is transferred to the kinship caregiver. OWF benefits can be off-set by other financial benefits that a child may receive such as Social Security Income and child support. OWF benefits do not double for the second child like KSP. As of January 1, 2025, the OWF payment amount for one child is approximately $372 per month, for two children is approximately $507 per month, for three children is approximately $623 per month, and for four children is approximately $768 per month.
A kinship caregiver who has temporary custody can receive OWF Child-Only payments even if a kinship assessment/home study has not been approved. Additionally, OWF provides Medicaid coverage for the child, ensuring that the child’s healthcare needs are met while in kinship care. Unlike KSP, the kinship caregiver must apply for OWF benefits at the local county public benefits office.
Ohio offers a robust framework of support programs for kinship caregivers through KSP, KPIP, KGAP and OWF. Beyond these financial supports, Ohio offers other services to support kinship caregivers including, Ohio Kinship and Adoption Navigation System (Ohio KANS), Ohio Legal Help, Ohio Ombudsman Office, SNAP, Medicaid, Kinship Child Care Programs, and Child Care Assistance and Publicly Funded Child Care. These programs provide a combination of financial and legal assistance, healthcare support, and resources to help kinship families provide stability and care for children in need. Understanding the eligibility requirements and benefits of each program ensures that caregivers can access the support they need to successfully raise the children placed in their care. If you are working with a kinship caregiver, it’s crucial to familiarize yourself with these programs and reach out to the appropriate local agencies to maximize the support available.
Thompson Hine LLP Kelsey J. Micheff
In the sixth grade, Kelsey Mincheff attended a jury trial with her father, a civil defense attorney in Northeast Ohio. Her father was one of the attorneys trying a personal injury dispute involving a woman in her eighties who fell leaving the home of her friend, a woman in her nineties. When the jury was shown the recorded deposition of the homeowner in lieu of live testimony, Kelsey recalls the jury laughing and enthralled with the feisty woman that was answering each question with "zingers," including crabbily explaining that at her age, she could not literally see the purported hazard, and when she was walking in and out of her home, it was a hazard for her to look anywhere other than directly in front of her. This experience, as well as the other depositions, hearings, and trials that she attended with her father, led her to law school and to eventually become a civil litigator herself.
Kelsey attended The Ohio State University, graduating cum laude with a Bachelor of Arts in History with an Honors Research Distinction, before attending Moritz College of Law. During law school, Kelsey received excellent mentorship through her experiences clerking for Justice Maureen O'Connor, externing with the Capital Habeas Unit of the Federal Public Defender’s Office, and externing with the United States Attorney’s Office for two years. After graduating cum laude from Moritz, Kelsey accepted a position with Thompson Hine in its Columbus Office.
After practicing in Columbus for three years, she moved to Dayton and enjoys her civil litigation practice from the Dayton office of Thomp-
Hine. Her practice focuses primarily on insurance recovery and insurance coverage disputes. Kelsey is grateful for the mentorship that she receives in this niche area of the law from Sean McCormick as well as the support that she receives from the entire Thompson Hine team. Her practice allows her to litigate in courts across the country and think strategically and critically – one of her favorite parts of the job. Occasionally, Kelsey even gets to work with (or rather against) her dad. Kelsey is an active member of the Dayton Bar Association, serving as co-chair of the Civil Trial/ADR Section. She also serves as a member of the Muse Machine's Board of Directors, which recently put on a fun production of Cats.
When asked what advice she would give to her younger self, she advised to "do the job that you want." As a younger associate, you may not have control over a case or its strategy, but you can be an expert on part of the case that you are assigned. Take ownership and pride in your work product, and complete excellent research.
When she is not practicing law, Kelsey enjoys reading historical biographies (most recently, one about Henry V) and attending musicals. A lover of the arts, Kelsey is also enjoying sharing that love with her two young boys. Each week, she and her family watch a movie from Kelsey's childhood.
son
By Morgan Napier, Esq. | Faruki, PLL| mnapier@ficlaw.com
Gettingtoknow...
1. To start off, can you discuss your educational and professional background and your journey to the bench.
I grew up in Bridgeport, Ohio, attending local Catholic schools, including Wheeling Jesuit College. I graduated with a B.A. in History, cum laude along with a Laut Honors Degree. This was a Jesuit-specific program, earned through four years of cultural studies and community service. My pre-law professor had a connection to UDSL, and he encouraged me to apply. Like many law students, I participated in the law clinic where I had my first real exposure to family court.
During my second year at UD, I started my professional journey as a Law Clerk at Montgomery County Juvenile Court. Unlike other clerks, I was more involved in procedural justice and systems development, including community courts, drug court and child protection mediation.
Following law school, I continued working at Juvenile Court. I served as Chief Deputy Clerk for twelve years, and spent my last two years as Director of Court Services, managing Clerks in and out of the courtroom.
In 2015, I went to the Domestic Relations Court as Court Administrator. My responsibilities included everything from human resources to payroll to budgeting. I was also hearing cases, initially covering some of the Judge’s docket and eventually had my own docket hearing civil protection order cases. In the end, Judge Cross was the one who encouraged me to run for Judge. I think she
The Honorable Judge Jennifer A. Petrella
was looking for a successor who knew the system, knew the people, and who was passionate about the work we do with families. She encouraged me to run. I won my primary, and here I am.
2. Your career sounds very exciting, but also very emotionally taxing. How do you deal with the emotions that come out of juvenile and domestic relations issues?
I've often told people this is my calling, my niche. While there is an emotional nature to my work, I am good to people. I know I can help them navigate difficult times and a complex system. I feel it in my heart that this is where I should be, and I look forward to going into court every day. However, to do this effectively without burning out, I have outlets. I like to kayak. I hike. I like working with my hands in my garden and cooking. I also recognize when I need to lean on others – and surround myself with good friends who check on me.
3. You said that this is a calling for you. Did you know that you wanted to go into family law when you went into law school?
No. However, when I started working at the court, I found value in the work I was doing. I recognized that even with its challenges, the court has the opportunity to positively impact our community. In family courts, we bring resolution to issues in people’s daily lives, provide resources and bridge gaps to some of our most vulnerable members.
4. What role or experience has been the most formative for your career and your understanding of the law and legal system?
My time developing different programming for juveniles and their families going through the system exposed me to procedural justice. Because I was part of an innovative local court, I was invited to become involved with the Ohio Supreme Court. I served on several committees under numerous administrations, and continue to work in education and process development. This involvement also led me to become a certified trainer in Bridges out of Poverty. All of these experiences provided an awareness of how our legal system can be difficult and create barriers, or it can be one where people are confident that they can seek justice. We have both the opportunity and the responsibility to provide such an institution for our community.
5. What are some of the common misconceptions about juvenile and domestic relations courts that you would like to take an opportunity to dispel?
I think people believe that since there are forms they can fill out to file a case, they can just handle all the intricacies of a family matter from top to bottom.
YOU NEED AN ATTORNEY. Even attorneys, need their own attorneys.
Associate Editorial Board Member Lisa D. Brown MPA, CLRP, OCED of Assistant Township Administrator West Chester Township, sat down with newly elected domestic relations judge. The following has been edited for clarity.
Montgomery County Domestic Relations Court
Additionally, you need counsel who are adept in family law. Our cases are complex. People are often very frustrated by the process because they are embroiled in this extremely personal and intimate upheaval, where their home, their finances, their possessions and even their children are being ‘divided’. On top of this, there is a system of rules, asking for invasive information that they don’t understand. We have excellent attorneys who work in this field, bringing unique and sound resolutions to highly involved family conflicts. If you settle for someone outside the field, you are likely depriving yourself of the best outcome.
6. It's been a little over eight months since you were appointed to the bench following your sweeping victory in a hard fought primary. What has been the most surprising thing about your transition to the bench?
The biggest surprise for me was how much I missed being in the mix of things with staff and public. I have always been part of the “frontline,” a hands-on manager. After a couple of months of being on the bench, I felt very isolated. So, when I have the opportunity, I try to spend time with staff throughout the Court. I've talked to a couple other judges, and they also identified that this role can have those lonely moments. That brings us back to our focus on self-health. You have to continue to be involved in other groups, and lean on colleagues.
7. Do you have a favorite part of what you're doing now?
I do! I have re-engaged with the law in a different way. I truly appreciate working more with counsel. I appreciate how they address all of the necessary items, but also how they bring out nuances in the law, and passionately defend their client’s positions. It also has resulted in getting my “creative juices” flowing. I am seeing new ways our court can progress, strengthening community education and collaboration.
8. What about least favorite parts?
The lengthy decisions, worrying about whether I stated “it” correctly. I want to be clear in my writing. Not just avoiding unnecessary ‘legalese’, but respectfully acknowledging the parties’ situation. I want to provide resolution so they can move forward. Sometimes finding the right wording for that is difficult. It’s also difficult addressing people who have unrealistic expectations and just want to fight. My job is not punish someone because they “did you wrong”.
9. As a judge, what are some of your tools available to help the parties come to a resolution or to get over some of these hurdles that you just described.
At the court, we have several things. We offer mediation as a way to resolve cases. Staff from throughout the Court assist in providing this service, and the program is extremely effective. Getting parties to sit in a room and communicate is a win. Sometimes just the feeling of being heard is enough to reduce the animosity in a case.
Another tool is our Navigator. One of our staff serves as an on-going point of contact before and after a person files in our Court. She informs parties of what can be expected at certain stages, can connect them to volunteer lawyers or other community agencies. She also helps parties with our expansive website. We provide information for attorneys, as well as for people representing themselves. There, people can link to filing assistance with Ohio Legal Help or sign up for our Parent Education Class, etc.
Overall, the best tool is our team. We have people who have a wealth of knowledge and experience to keep everything moving forward. We also have newer staff who bring us a fresh perspective and great ideas. This is how we are able to give top-notch service to our community.
10. What inspired you to want to be a judge?
As I mentioned prior, Judge Cross actually sat down with me and said, you need to consider this. Also though, I've been fortunate enough to be involved in an excellent family court system in Montgomery County. I’ve worked beside innovative leaders who focus on reaching families and evolving with our families as they face new challenges. I want to continue this work.
11.Many people have the perception that when you are an attorney or a judge you are going to work yourself into the ground. Do you think that that is a common experience of public service attorneys or within the court system?
Culturally, I have seen quite a shift. I think all of us are wanting to see more balance. The perception in law has been you work as hard as you can, bill many hours and end up with a lucrative career. Even in the Court system, when I was a Director, I was expected to take calls 24/7. Lawyers can be “Type A” personalities, and we work hard to achieve it all. I still see this with many attorneys, and my family still sees this with me. We work when we are sick –we are “all-in”. While public service does give a chance to have more balance, (limited hearing hours, holidays, etc.), many of us still use our weekends and evenings to be accessible to
the public and volunteer in other ways. I think the key is to know your limits and to work where you find joy. The people we work for all deserve our full attention and best selves.
12. You spent your entire career in public service. What advice do you have for law students and young attorneys who are similarly drawn to a career in public service?
There's only so many public service jobs available and likely you will have to spend some time working in a firm or a group. But there are a lot of great opportunities where you can still volunteer some of your time. Volunteering will help you know whether this is something that you would want to do more permanently, and can assist you honing your skills and making the connections you need. For our Court, the DBA Volunteer lawyers help on divorces all the time. They assist parties with documentation, advise on how to present evidence or what to expect in the courtroom, and even come to court for some cases.
13. What advice would you have for attorneys that appear in your courtroom?
Well, as I’ve said, I’ve truly appreciated the attorneys who have appeared before me. But for anyone who is going to be new to our Court…Be on time. Everyone’s time is important. I have made the commitment to being timely, and I expect it from the attorneys and parties who come in front of me. The second thing is be candid in your communication with the Court. The best decisions are made when we have all of the pertinent information.
14. You are a fixture in community service organizations having served as treasurer of Miami Valley Crime Stoppers and a founder of the Dayton Catholic Lawyers Guild, along with many other roles. What organization or cause is nearest to your heart?
I am very passionate about food security and love working with the food pantry at my church. We serve all ages and backgrounds. I wish people weren’t in a situation where they needed food, but I’m thankful to be working with different organizations who can support our community’s need.
15. So to finish up, what are some of your favorite ways to spend what little free time you have?
I like spending time with my friends and family. Typically, it surrounds food, whether trying new recipes, new restaurants, just sharing a good meal. You may see me grabbing a slice at Flying Pizza, or a meal at Bourbon Street or Olive. I also like movies and being outdoors.
new lawyers First Year Reflections: What I Wish I Knew as a New Attorney
Irecently had the opportunity to speak with a group of law students preparing to take the bar exam and begin their legal careers. As the conversation wound down, one of them posed a simple but profound question: “If you could, what advice would you go back and give yourself on your first day of practice?” That question lingered with me as I reflected on my own early years in the profession. I also posed it to other newer attorneys in my circle, and we all pointed to similar lessons learned in our first years of practice.
With this article, I want to share that advice for those about to embark on their legal journey or those who have recently begun their practice.
By Co-Chairs: Ricky Murray Esq.
Montgomery County Prosecutor's Ofc murrayr@mcohio.org
Deztany Johnson Esq. Pickrel Schaeffer & Ebeling Co., LPA djohnson@pselaw.com
I. Embrace Mistakes as Learning Opportunities
The fear of making mistakes is one of the biggest hurdles new attorneys face. We enter the profession wanting to impress, to prove ourselves, and to show that we belong. The reality is that mistakes are inevitable, and firms and supervisors expect them. Instead of striving for unattainable perfection, focus on being thorough and meeting deadlines. Your ability to learn from missteps and improve will demonstrate your commitment to growth and development.
II. Invest in Yourself and Build Relationships Early
Beyond the daily work of being an attorney, investing in your professional development and building meaningful relationships can significantly impact your career. Getting involved in your local bar association, such as the Dayton Bar Association (DBA), is a great way to meet other attorneys, find mentors, and gain access to valuable resources. Organizations like the New Lawyers Division provide a space for younger attorneys to connect and grow together, offering mentorship, networking, and professional development opportunities.
Your professional success is often as much about who you know as what you know. Building relationships with colleagues, mentors, and seasoned attorneys can provide invaluable guidance and support. Networking isn’t just about collecting business cards at events—it’s about fostering meaningful connections with those who can challenge and encourage you. Seek out mentors within your firm or legal community who can offer insight into your practice area and career development. Be proactive in seeking advice and feedback, and don’t hesitate to ask questions.
III. Maintain Balance and Find Fulfillment Beyond the Law
Law is a demanding profession, and without proper balance, it can quickly consume your life. While building a successful career is important, so is maintaining your personal well-being. Prioritizing relationships, hobbies, and activities that bring you joy will help you stay grounded and prevent burnout.
Whether it’s exercising, volunteering, traveling, or spending time with loved ones, carving out time for yourself is essential. Set boundaries, schedule breaks, and make sure your professional ambitions do not overshadow other aspects of your life. Finding fulfillment beyond the law will not only enhance your well-being but also make you a better, more effective attorney.
V. Master the Art of Communication
IV. Develop Strong Organizational and Time Management Skills
Managing multiple deadlines, client expectations, and court obligations can be overwhelming, but strong organizational skills can make all the difference. Use a reliable calendaring system, prioritize tasks effectively, and allocate time for review and preparation. The sooner you develop disciplined time management habits, the more efficient and effective you’ll become.
Another important aspect of time management is setting realistic expectations. While it’s tempting to say “yes” to every opportunity, taking on too much can lead to diminished quality of work and unnecessary stress. Learn to manage your workload wisely to maintain both performance and well-being.
Clear and effective communication is essential in legal practice. A former professor once said, “Cases are not won through oration, but rather, through motion practice.” Whether drafting an email, presenting in court, or advising a client, your ability to convey information professionally and concisely is crucial. Strong legal writing skills are particularly valuable, as much of your work will involve drafting motions, pleadings, and correspondence. Sharpening this skill in your first year of practice is especially important.
Equally important is active listening. Being present and engaged in conversations with clients, colleagues, and judges enhances your ability to advocate effectively. Thoughtful communication fosters trust, minimizes misunderstandings, and strengthens professional relationships.
VI. Handle Criticism with an Open Mind
Constructive feedback is a vital part of growth as a new attorney. Sometimes, criticism will be direct and unfiltered. Rather than taking it personally, view it as an opportunity to refine your skills. Every seasoned attorney has been where you are and has learned through experience. Absorbing and applying feedback will not only make you a better attorney but also help you develop resilience and confidence in your practice. If you are unsure how to respond to feedback, seek guidance from a mentor or trusted colleague.
VIII. Commit to Lifelong Learning
The law is constantly evolving, and a great attorney never stops learning. Staying up to date on legal developments, attending CLE programs, and engaging in ongoing education are all critical to staying ahead in your practice.
Reading case law, monitoring legislative changes, and taking advantage of professional development opportunities will keep you sharp and informed. If your firm or bar association offers workshops or training programs, participate in them. The more knowledge you acquire, the more effective you will be in your role.
IX. Conclusion
Navigating your first years of practice is an ongoing learning process, but focusing on growth, balance, and connection will set you up for success. Over time, you will develop confidence in your abilities and refine your skills.
VII. Take Initiative and Be Proactive
Don’t wait for opportunities to come to you—seek them out. Taking initiative shows your enthusiasm and willingness to grow. Whether volunteering for challenging assignments, conducting additional research, or offering solutions to complex problems, demonstrating proactiveness will help you stand out. The attorneys who advance quickly are often those who go beyond what is expected. Additionally, be open to stepping outside of your comfort zone. Whether arguing a motion in court for the first time, leading a client meeting, or tackling a complex legal issue, embracing challenges will build confidence and experience.
One day, you may find yourself reflecting on your own journey and passing along advice to the next generation of attorneys. Until then, embrace the challenges, seize opportunities, and remember that success in law isn’t just about legal victories—it’s about the relationships you build, the lessons you learn, and the balance you create along the way.
Accessory Dwelling Units: Montgomery County’s Opportunity to Address Housing Affordability,
By Jordan Staley, Esq.
As housing costs continue to climb, local governments in Ohio are exploring creative solutions to mitigate the housing shortage. Accessory Dwelling Units (ADUs) have emerged as a potential strategy to increase housing supply without dramatically altering the character of established neighborhoods. In Montgomery County and other parts of Ohio, the adoption of ADUs remains in its early stages, but the conversation is growing louder.
ADUs are secondary living units located on the same lot as a primary residence.1 They can take various forms, from converted garages and basement apartments to entirely separate backyard cottages.2 ADUs are self-contained living spaces, typically equipped with a kitchen, bathroom, and separate entrance.3 These units offer flexible housing solutions, making them ideal for multigenerational living, caregiver accommodations, or rental income.4
ADUs have gained traction in cities like Portland, Oregon, and Los Angeles due to their potential to alleviate housing shortages.5 In Ohio, however, they are relatively new. In 2023, Cincinnati became the first city in the state to legalize ADUs, allowing homeowners in single-family zones to build these units.6 Dayton followed suit, permitting ADUs as conditional uses since 2022, though adoption has been slow. Financial and regulatory challenges have tempered enthusiasm, but the potential benefits—such as affordable housing, aging-in-place options, and additional income streams—are driving interest.
Zoning and legal challenges represent one of the primary barriers to ADU development across Ohio. The state’s zoning laws are largely crafted to support single-family home development, limiting density by prohibiting more than one residential structure per lot. For many municipalities, revising these long-standing laws to accommodate ADUs is politically sensitive and logistically complex.
For example, a 2023 study in Cleveland Heights revealed that up to 47% of residential lots did not meet the minimum size requirements under current zoning laws, making ADU construction difficult without a variance.7 Similarly, many communities impose height restrictions, parking requirements, and setbacks that make it financially impractical for homeowners to develop ADUs. These regulatory challenges are consistent with national trends observed in regions like New England, where restrictive land-use policies similarly curtail ADU adoption.8
Building an ADU in Ohio can be expensive, with costs ranging from $110,000 to $285,000 for a detached unit and upwards of $150,000 for conversions of existing structures like garages. These financial barriers are especially prohibitive for low- and middle-income homeowners, who may not have access to adequate financing.9 While larger markets on the West Coast have seen higher levels of ADU development due to greater financial incentives and higher home values, Ohio homeowners are less likely to have the resources needed to build ADUs.
A 2023 report by Harvard’s Joint Center for Housing Studies highlighted that financing options for ADU development are limited, particularly for homeowners without significant home equity.10 Lenders are often hesitant to provide loans for ADUs, citing challenges in appraising the value of these units and concerns about rental income from ADUs not being included in mortgage calculations.11 Although some Ohio cities, like Cleveland Heights, have explored low-interest loans or tax abatements for ADU development, such programs are still in their infancy.
Across Ohio, different cities are experimenting with ADU regulations, though their approaches vary. Cincinnati’s 2023 ADU ordinance, for example, imposes stringent owner-occupancy requirements and restricts short-term rentals to mitigate concerns about absentee landlords and neighborhood disruption.12 However, this has led to slow adoption,
with only four ADU permits issued in Cincinnati in the first year.13
Yellow Springs, a small village known for progressive housing policies, allows ADUs under certain conditions, promoting multigenerational living arrangements.14 In 2023, Yellow Springs began revisiting its ADU regulations to simplify the approval process by reducing parking and setback requirements.15
Nationally, Portland, Oregon, serves as a model for what Ohio municipalities might achieve. Portland has liberalized its ADU policies over the last decade, removing parking requirements, offering waived permit fees, and allowing ADUs to be bought and sold as separate properties.16 These policy shifts have led to a significant increase in ADU construction, providing a roadmap for Ohio cities looking to expand their housing options.
For Montgomery County, ADUs offer a mixed bag of opportunities and challenges. On the one hand, ADUs could provide much-needed affordable housing and enable older residents to age in place. On the other hand, restrictive zoning laws, high construction costs, and slow-moving financial incentives may limit their widespread adoption. The path forward will require a concerted effort by local governments to revise zoning codes, streamline the permitting process, and provide financial incentives that make ADU construction feasible for more homeowners. ADUs hold promise as a solution for addressing housing shortages in Montgomery County and across Ohio. However, significant legal, financial, and regulatory barriers must be overcome for ADUs to become a widespread solution. With thoughtful policy changes and a focus on streamlining regulations, Montgomery County could follow the lead of cities like Portland and see a significant expansion of ADUs in the coming years.
ENDNOTES:
1. Cleveland Heights, Accessory Dwelling Unit Study, 4 (July 12, 2024) https://s3.countyplanning.us/wpcontent/uploads/2024/07/CLH_ADU_Study_07122024.pdf.
2. Id. See City of Cincinnati, Accessory Dwelling Units (ADUs) Now Legal in Cincinnati SingleFamily Residential Zones, CITY OF CINCINNATI (Oct. 2, 2023), https://www.cincinnati-oh.gov/ cityofcincinnati/news/accessory-dwelling-units-adus-now-legal-in-cincinnati-single-family-residentialzones/.
3. Cleveland Heights, Accessory Dwelling Unit Study, at 4.
4. Id. Zoe Harper, ADU Laws and Regulations in Ohio, STEADILY (Jan. 18, 2024), https://www.steadily. com/blog/adu-laws-and-regulations-in-ohio.
5. Cameron Meredith, Introduction to Accessory Dwelling Units (ADUS), ADU WEST COAST (Apr. 7, 2024), https://aduwestcoast.com/introduction-to-accessory-dwelling-units-adus/.
6. Killian Baarlaer, Cincinnati legalized accessory dwelling units last year. How popular are they now?, THE ENQUIRER (July 13, 2024), https://www.cincinnati.com/story/news/2024/07/13/accessorydwelling-unit-cincinnati-city-council/74245539007/.
7. Cleveland Heights, “Accessory Dwelling Unit Study,” at 13 (July 12, 2024) https://s3.countyplanning. us/wp-content/uploads/2024/07/CLH_ADU_Study_07122024.pdf.
8. Executive Office of Housing and Livable Communities, Accessory Dwelling Units, MASS.GOV, https://www.mass.gov/info-details/accessory-dwelling-units.
9. Julia Greenberg et al., ADUs for All: Breaking Down Barriers to Racial and Economic Equity in Accessory Dwelling Unit Construction, TERNER CENTER FOR HOUSING INNOVATION UC BERKELEY (Aug. 2022), https://ternercenter.berkeley.edu/wp-content/uploads/2022/08/ADU-EquityAugust-2022-Final.pdf.
10. E. Shield & D. Luberoff, Accessory Dwelling Units Lessons for Massachusetts from Around the Country, JOINT CENTER FOR HOUSING STUDIES OF HARVARD UNIVERSITY at 15-16 (Nov. 2023).
11. Id.
12. Killian Baarlaer, Cincinnati legalized accessory dwelling units last year. How popular are they now?, THE ENQUIRER (July 13, 2024), https://www.cincinnati.com/story/news/2024/07/13/accessorydwelling-unit-cincinnati-city-council/74245539007/.
13. Diana Ionescu, Cincinnati ADU Legalization Slow to Catch On, PLANETIZEN (July 16, 2024), https:// www.planetizen.com/news/2024/07/130292-cincinnati-adu-legalization-slow-catch.
14. Matt Sauer, VOICES: Accessory dwelling units can help affordability, homelessness, DAYTON DAILY NEWS (Sept. 4, 2022), https://www.daytondailynews.com/ideas-voices/voices-accessory-dwelling-unitscan-help-affordability-homelessness/C5XAMTUSJBHKREXV7PQCSQE7EM/.
15. Lauren Shows, Planning Commission Residential zoning changes proposed, YSNEWS.COM (Feb. 28, 2023), https://ysnews.com/news/2023/02/planning-commission-residential-zoning-changes-proposed.
16. Zoning Requirements for an Accessory Dwelling Unit, PORTLAND.GOV (2024), https://www. portland.gov/ppd/zoning-land-use/zoning-code-overview/accessory-dwelling-units.
Five Ways to Ensure You Are Best Utilizing Your Paralegal
Every paralegal I know, even the ones who work for really great attorneys and are treated as a valued member of the team, have a few things that they would love to have their attorney do. Here is a list of common areas and may and I suggest that you tape this list to your computer monitor so you are able to review it often and keep supporting and developing the paralegal(s) that work hard to support you:
1. Communicate more effectively with your paralegal. You can easily accomplish this by remembering to include your paralegal on relevant correspondence (letters, emails, and interoffice memos) and by having him/her attend meetings with the client, when appropriate. If there is information worth sharing, remember to share it with your paralegal. And don’t wait until the last minute – playing catch-up is often more time consuming than following along as a project progresses.
2. Delegate more substantive duties to your paralegal. While your paralegal is thrilled to have the opportunity to prepare the trial notebook, index those depositions, and prepare that closing binder, he/she is also fully competent in drafting pleadings, motions, and ancillary agreements and would appreciate the opportunity to assist you in those tasks. When associates are busy, feel free to utilize your paralegal. It will provide him/her with a new challenge, development, and a reprieve from potential boredom.
3. Clearly identify your paralegal’s role in a given situation. Try as we may, most of us haven’t conquered mind reading yet. Please let us know what your expectations are and how we can be of the most assistance to you in accomplishing the end result in a case, project, or transaction. We’re here to help and will give 200% whenever necessary, but if we know beforehand in what direction you’re headed, we can more effectively assist you, and the entire team, in achieving the desired result.
By Cathy Barnes, Corporate Paralegal
Sebaly Shillito + Dyer cbarnes@ssdlaw.com
4. Remember that your paralegal’s opinion counts. Oftentimes, your paralegal develops a unique perspective after spending a substantial amount of time with the client, assisting in a family matter, or working a deal – often learning every detail by heart. Give your paralegal the opportunity to earn your trust in his/her judgment.
5. Return files in the same condition that you received them. While paralegals are known for their superior organizational skills, please remember that we already spent time organizing that file and had hoped to move on to something a bit more challenging. Leave notes, provide input, and make suggestions. Don’t trash the work that’s already been done. We all need to work to improve it, not redo it.
CLE, MEETINGS & EVENTS: MARCH-MAY 2025
MARCH
Juvenile Law | Advocating for Ohio’s Youth and Families: Insights from the Youth and Family Ombudsman Office
Tue 3/4 Noon - 1pm | Zoom
Shake, Stir and Support the DBF: Legal Libations Mixology 101 Tue 3/4 5:30pm - 7:30pm @ Dana Wiley Gallery
Public Defender vs Private Practitioner in Criminal Defense
Wed 3/5 Noon - 1:30pm 1.5 hrs | Zoom
Complimentary Member Benefit Training!
vLex Fastcase: Enhancing Your vLex Fastcase Benefits Wed 3/5 3pm - 4pm *Optional 1.0 hr | Zoom
Complimentary Member Event!
WIL Symposium | Cultivating Confidence, Leadership, and Impact in the Legal Profession
Fri 3/7 9am - 11:30am *Optional 2.5 hrs @ Engineers Club
Complimentary Member Event!
Chancery Club Luncheon
Fri 3/7 11:30am - 1pm @ Engineers Club
Appellate Practice | Mastering Oral Advocacy: Perspectives from the Bench and Bar Tue 3/11 Noon - 1pm @ UDSL Staff Lounge
Workers' Comp & Social Security | Workers Compensation for the Disability Lawyer Tue 3/11 Noon - 1pm ET *Optional 1.0 hr @ Seminar Room
Complimentary Member Benefit Training!
vLex Fastcase: General Overview
Tue 3/11 2pm-3pm *Optional 1.0 hr | Zoom
Policing the Police (VR)
Wed 3/12 Noon - 1pm 1.0 hr Zoom
Real Property/Environmental Law | The City of Dayton Multi-Jurisdictional Source Water Protection Program Overview
Thu 3/13 Noon - 1pm @ Seminar Room
Annual Probate Law Institute (OSBA Specialty Credit Approved)
Fri 3/14 8am-4pm 6.0 hrs @ Sinclair Conference Center
Federal Practice | Ethics in the Age of AI
Tue 3/18 Noon - 1pm *Optional 1.0 hr @ Board Room
Legal Basics: The Suit Has Been Filed, Now What?
Wed 3/19 Noon - 1pm 1.0 NLT hr | Zoom
Employment | Pro-Bono Lawyering in Labor and Employment
Thu 3/20 Noon - 1pm *Optional 1.0 hr @ Seminar Room
Complimentary Member Benefit Training!
vLex Fastcase: Enhancing Your vLex Fastcase Benefits
Thu 3/20 2pm - 3pm *Optional 1.0 hr | Zoom
Civil Trial and ADR | The Fun and Frolic into the Mind of the Corporate Rep Through Deposition
Tue 3/25 4:30pm - 6pm @ Dublin Pub
Domestic Relations | Ethics & Professionalism: Lessons from Recent Ohio Supreme Court Decisions
Wed 3/26 Noon - 1pm *Optional 1.0 hr @ Mont Cty DR Ct
Complimentary Member Benefit Training!
vLex Fastcase: Advanced Searching
Wed 3/26 2pm - 2:30pm *Optional 1.0 hr | Zoom
Paralegal | Insights from the Bench: A Lunchtime Discussion with Judge Wiseman
Thu 3/27 Noon - 1pm @ Monty Cty Common Pleas Ct
Corporate Counsel | The CTA: A Case Study in Advising Corporate Clients in an Uncertain Landscape
Thu 3/27 4:30pm - 5:30pm @ Seminar Room
Electronic Wills (VR)
Fri 3/28 Noon - 1pm 1.0 hr | Zoom
APRIL
Annual Domestic Relations Institute Fri 4/4 8am - 5pm 4.0 Gen + 1.5 PC hrs @ Sinclair CC
Complimentary Member Event! Chancery Club Luncheon Fri 4/4 11:30am - 1pm @ Engineers Club
Ran-Some, Lose-Some: A Litigator’s Guide to Navigating Data Breaches and Ransomware (VR) Wed 4/9 Noon - 1pm 1.0 hr | Zoom
Learning Litigation Skills From “Where the Crawdads Sing” Thu 4/10 1pm-4:30pm 3.0 hrs | Zoom
Juvenile Law Certification (Appointment List) Wed 4/16 8:30am – 4pm 6.0 hrs @ Seminar Room
Complimentary Member Event! Coffee Talk Thu 4/17 8am - 9am @ Seminar Room
Lines of Insurance and How They Affect Your Clients Tue 4/22 Noon - 1:30pm 1.5 hrs @ Seminar Room
Taming the Time Tiger: Effective Time Management and Goal Setting for Attorneys (VR) Wed 4/23 Noon - 1pm 1.0 hr | Zoom
Lessons Learned From 40 Years in the Courtroom: Trial Advocacy with Nick Subashi (VR) Wed 4/30 Noon - 1pm 1.0 hr | Zoom
MAY
Complimentary Member Event! Chancery Club & Law Day Celebration "The Constitution's Promise: Out of Many One" Thu 5/1 11:30am - 1pm @ Sinclair CC
Complimentary Member Event! Health & Wellness Event with Lindsey Deck Fri 5/2 Time TBA @ Space Three
New Lawyer Bootcamp Fri 5/9 9am - Noon 3.0 NLT hrs @ Seminar Room
Workers' Comp & Social Security | How to Use Your Paralegal Effectively in Your Law Practice Tue 5/13 Noon - 1pm *Optional 1.0 hr @ Seminar Room
2025 Celebration of Life Memorial Luncheon
Wed 5/14 11:30am - 1:30pm @ Sinclair CC
Complimentary Member Event!
2025 Volunteer Day in the Urban Garden
Tue 5/15 9am - Noon @ The Foodbank Dayton
2025 Annual Meeting
Wed 5/21 5:30pm - 7:30pm @ Sinclair CC
social security & disability
It's Time to Eliminate the Five-Month Waiting Period in Disability Cases
If you successfully apply for Title 2 Social Security Disability benefits, don’t expect to start receiving your benefits at the onset of your impairment. You will need to wait five months from the date of your onset before you get your first payment.
For example, if you suffer a disabling accident in February 2025, you will not receive your first check until August. If you are diagnosed with metastatic cancer and stop working in July, your first month of entitlement won’t be until January 2026.
This can be troubling news for anyone who is going through this process, but it can be especially troubling for those who are suffering from serious illnesses. It is very common for individuals to struggle to find a diagnosis when their symptoms begin. Perhaps they need to rule out other diagnoses, as may happen with Multiple Sclerosis or other Demyelinating diseases. Maybe their doctor requires special testing that takes weeks or months to obtain, complete and review. Either way, it doesn’t matter to the Social Security Administration. Your disability is required to last at least one year from your onset date or result in death and no matter how severe the problem is, you will need to wait five months before your benefits begin.
Why does the five-month waiting period
exist? Well, it depends who you ask. There are those who are very concerned about government waste, which is a hot topic right now. These individuals may tell you that the five-month waiting period is necessary to prevent abuse of the system and frivolous claims. They may tell you that the waiting period was built in intentionally to make sure that the people who file for benefits really need them and aren’t just using their illness to get some free money from Uncle Sam, regardless of the fact that Title 2 benefits are earned through payroll taxes.
Others may tell you that the Social Security Trust Fund needs to be protected at all costs. They might show you some fancy actuarial math that predicts it will be insolvent in 5 or 10 or 20 years. Paying disabled people benefits too quickly will have a significant cost. It will hasten the insolvency of the Trust Fund, and payroll taxes will never cover the shortfall, as long as SSA only taxes the first $168 thousand of income.
What do I think? I suppose if you have read this far you won’t mind me telling you. I think the five-month waiting period is unnecessarily cruel. To me, it has never made sense and never will. I’ve had too many clients with ischemic heart disease, pancreatic cancer, and untreatable illness who died before they received a dime. On balance, isn’t it more important to protect against
that happening than to make sure we discourage people from applying unless they really need it?
Recently, it was determined that cases approved on or after July 23, 2020, based on a diagnosis of ALS (Amyotrophic Lateral Sclerosis) would have the five- month waiting period waived. This is an excellent first step. Certainly, ALS is a terrible disease, and no doubt the worst I have ever seen. But it’s not enough to carve out a single exception for a single disease, no matter how serious it is. Rather, it’s time for us to recognize that that purpose of disability insurance is to pay benefits to the people who qualify and have earned it. Claimants who are already suffering medically and financially should not have to wait. Michael Rake is the managing partner of Horenstein, Nicholson and Blumenthal, LPA. His firm has represented disabled individuals for almost 50 years.
By Michael Rake Esq.
social justice
This article is one of a series from the DBA’s Social Justice Initiative to inform our membership about, and encourage their participation in, many of the non-profits in our community that address issues of “social justice.”
THE LEGAL KIDS FOUNDATION: Improving the Future Through Education and Community Engagement
History
The Legal Kids Foundation (“TLKF”) originated in Raleigh, NC in 2018 with a mission “to empower youth through legal, literacy, mentorship, and social-emotional learning.” Despite its humble beginnings, TLKF launched the Student Ambassador program in 2022, and expanded programming and operations to 4 other states. In addition to multiple locations in NC, TLKF has programs in DE, MA, PA, and CA. Since its inception, TLKF has engaged with over 1300 students and about 90 volunteers. More importantly, TLKF has formed alliances with public and private organizations ranging from law schools to corporations along with several non-profits.
The Pop-Up Event on January 18, 2025
TLKF came to the University of Dayton School of Law to host a pop-up event to inform the community about its programing, solicit volunteers and entertain students with TLKF projects. The event included an information breakfast with students sharing dreams and mentoring during the morning session. After lunch, the students were paired up and presented with a Science, Technology, Engineering, and Mathematics (“STEM”) event followed by a mock trial directly related to the previous exercise. Despite the event being on a cold Saturday morning, it was well attended
By Kermit Lowery, Esq. colkfl@yahoo.com
and included the President of the University of Dayton, the Interim Dean of the University of Dayton School of Law, active and retired federal, state and municipal judges, senior leadership from the Dayton Public School System, Dayton Bar Association members, senior managers from LexisNexis, and educators along with interested students, parents and potential volunteers.
The Information Breakfast
The breakfast information was aimed at disseminating information and gathering support from local teachers, attorneys, and community leaders who expressed an interest in volunteering or wanted to learn more about TLKF. The breakfast offered a platform for TLKF representatives to share their mission and the impact of their programs on the community.
Dawn Bizzell, Co-Founder & Executive Director and Jahi Davis), Chief Strategy Officer, addressed the attendees by focusing on the importance of educational outreach and community engagement, while highlighting TLKF's past successes and future goals. There was emphasis on ensuring all students are reading to learn (versus learning to read) by 3rd grade, disrupting the classroom to incarceration pipeline and getting male students engaged before the 6th grade. After Dawn and Jahi answered numerous questions, everyone assembled in the courtroom for a panel presentation lead by Dawn.
If you would like to suggest a non-profit for us to highlight, please contact Chris Albrektson at the DBA. continued on page 25
Connecting Generations
The afternoon started with a mentoring lunch. The students were paired up with adults and encouraged to share personal details (i.e., school attended, favorite subjects, extracurricular activities, etc.) The adults were encouraged to inspire and engage the students while sharing educational and professional details along with life experiences. The objective of this segment was to create a supportive environment where the kids felt safe to share ideas, emotions, dreams, etc. The mentors, drawn from multiple professional backgrounds, provided the students with invaluable insights into various career paths and life skills.
STEM Event
The most active and engaging part of the afternoon was the STEM event when each student was challenged to design a water filtration system using coffee filters, sand, gravel, water, and plastic cups. The task focused on scientific principles but included lessons in creativity and problem-solving. It was obvious from the animated questions and discussion, along with lots of laughter, the kids were engaged and had a great time.
The students learned about the importance of clean water and the challenges associated with water purification. The students also learned about real-world applications of water filtration technology and waste-water management. This experience helped the students’ understanding of STEM concepts but also the importance of environmental stewardship.
Mock Trial
The second event of the afternoon was a mock trial, involving a civil suit brought by citizens of Dayton, Ohio against the city for failing to properly filter and clean the municipal water supply. This exercise gave the snapshot into the workings of the legal system, gaining firsthand experience in courtroom procedures and the intricacies of legal arguments.
The impromptu mock trial was well organized, with roles assigned to the children, including plaintiff, defendant, attorneys, witnesses, and jury members. The adult mentors assisted the students with guidance on case preparation, legal strategy, and courtroom decorum.
The children demonstrated remarkable poise in their assigned roles despite having very little prep. Although everything was scripted, I still applaud the students for their well-presented opening statements, direct and cross-examination of witnesses, and articulation of their arguments. The jury deliberated as instructed by the judge and reached a verdict for the plaintiff’s finding the city was negligent with its water filtration efforts.
Reflections and Impact
The pop-up event, in my opinion, was a resounding success, leaving a positive impression on all who participated.
TLKF's focus on education, engaging students and community engagement was highlighted the entire day. By empowering students with knowledge and skills, TLKF is helping to build a brighter future, where young individuals are acquiring skills to better navigate the world with confidence and integrity.
A sincere and heartfelt thank you to the University of Dayton and the University of Dayton School of Law for hosting the event and Dianne Marx, Bonnie Beaman Rice and Walter Reynolds who did all the heavy lifting behind the scenes to make sure the event was well publicized and well attended. As TLKF continues to grow and expand its reach, it will be wonderful to have its programs in the Miami Valley so volunteers can help inspire, educate, and empower the next generation of leaders.
JUDGES DESK
By The Honorable Timothy N O'Connell Montgomery County Common Pleas Court - Gen Div timothy.oconnell@montcourt.oh.gov
Glaw would be appropriate in the dog days of late summer. Nonetheless, as we move to the more moderate weather of spring it might be good to consider some dog bite law. The Ohio Court of Appeals of the Second District decided a close question on dog bite law in late December 2024. The split decision was favorable to the plaintiff and reversed a trial court holding.
FACTS AND COURSE OF PROCEEDINGS
L.H. suffered injuries when he was bitten by a dog owned by the family of the defendant Beth Anne Lake. At the time of the incident, the Hipshire and Lake families both resided in Oakwood Village, a manufactured-home community owned by defendant-appellee Sun Secured Financing, LLC ("Sun"). Sun permitted residents in the community to have dogs but had a list of "restricted breeds" that residents were not allowed to have. Lake's dog was not a breed on the restricted breed list. Residents were permitted to have their dogs in the common areas of the community, including a playground area.
On October 6, 2020, L.H. went to the playground area. Lake's son was there with the family dog. The dog was on a leash tied to a swing. L.H. approached the dog and patted it on its back and head. The dog then bit L.H. on the head. L.H. was taken to a local hospital and admitted. He required more than 50 stitches to repair the bite wound.
Dog Bite Law: Plain Meaning Statutory Interpretation and Common Law and Development
fendants including Lake, and Sun. The complaint alleged that Lake and Sun were strictly liable for the injury under R.C. 955.28. A default judgment was granted against Lake.
Plaintiff filed a motion for summary judgment on her strict liability claim. Sun then filed its own motion for summary judgment. Sun argued the dog in question was a service animal, federal law prohibited Sun from banning it from common areas. The trial court overruled Plaintiff’s motion for summary judgment and rendered summary judgment in favor of Sun.
STATUTORY LAW
"R.C. 955.28 imposes strict liability upon the owner, keeper, or harborer of a dog 'for any injury, death, or loss to person or property that is caused by the dog' unless the injured individual was trespassing or committing a criminal offense other than a minor misdemeanor on the property."1 In an action for damages under R.C. 955.28, the plaintiff must prove (1) ownership or keepership [or harborship] of the dog, (2) that the dog's actions were the proximate cause of the injury, and (3) the damages."2
A PLAINTIFF’S THEORY
Plaintiff argued Sun was the “harborer” of the dog and thus, was strictly liable under the statutory provision. The trial court noted, Sun did not have either prior notice or reason to believe the dog was aggressive or dangerous. The trial court also concluded Sun had not “silently acquiesced” in the dog’s presence in the common area, because
appear to be directed at protecting the safety of tenants such as Plaintiff and avoiding accidents like the one at issue in this case."
COURT OF APPEALS DECISION
The Court of Appeals found error in the trial court’s decision. First, the Court of Appeals majority held that it was incorrect to focus on whether Sun had prior notice of the dog’s aggressive tendencies. While prior notice can be a factor in a negligence claim, it is irrelevant to a strict liability analysis under R.C. 955.28. The court majority felt the only pertinent issue was whether Sun could be considered a “harborer.”
The Judges utilized common law to define “harborer.” They indicated that a “harborer” is someone who has possession and control of the premises where the dog lives and silently [or otherwise] acquiesces to the dog’s presence. The authority was a Second District case and a Tenth District case. The Judges further indicated this case law had been incorporated in the Ohio Jury Instructions. The Second District, quoting from the Sixth District in the 1990’s, had indicated the definition of “harborer” shifted the focus from possession and control of the dog to possession and control of the premises where the dog lives. Therefore, the issue in this case was how to apply a “harborer” definition to a dog bite that occurs in common spaces. Common areas are spaces such as sidewalks, parking lots, foyers, and hallways which are under the control of the lessor and which are reasonably necessary to the use and enjoyment of the leased property.
RULE OF LAW
The court held that a landlord is strictly liable for an injury caused by a dog while in a common space absent a statutory exception or the dog's causing injury to the dog's keeper or owner. Since Sun owned and controlled the common area playground and that tenants' dogs were allowed in the playground, Sun was strictly liable for the injuries to residents, such as L.H. in this case, caused by the dog bite. The court found the conclusion was unaffected by the rule regarding the leash requirement. In addition, the majority found the service animal defense unpersuasive. The court found there was insufficient evidence to show the owner of the dog had a disability and that the dog was in fact a service animal. The trial court had not dealt with that issue either, presumably because it was not properly established.
The landlord owned the common area. The landlord had control of those premises. The landlord permitted dogs to be in the area. The landlord had a duty to protect people in the common area. Accordingly, the landlord was a “harborer.” 3
DISSENT
There was a dissenting opinion in the Hipshire case. Initially, the dissenting Judge noted the strict liability statute was to be construed strictly. The dissenting opinion involves a substantial review of case law history. From that history, the Judge asserted the term “harborer” was virtually equivalent to the term “keeper.” The Judge then pointed out that a “keeper” has a substantial degree of responsibility, care, or control for a dog. The Judge argued, based on case law, harboring a dog involved the idea of protection, and of treating it as living at one’s house, an undertaking to control its actions. These definitions imply a close relationship between a dog and its “harborer.” The dissenting Judge argues the focus is on possession and control of the dog, not possession and control of the premises where the dog lives. Given this focus, the dissent would naturally reject liability of a landlord in most all circumstances. Because a landlord does not have a substantial degree of responsibility, care, or control for the dog.
COMMON LAW APPLICATION
The majority’s rationale is supported by case law. The majority’s theory that the focus changed to possession and control of the premises where the dog lives is based on cases. The idea of acquiescence is in the case law. The Sengel case stated that “‘[a] person who is possession and control of the premises where the dog lives, and silently acquiesces in the dog being kept there by the owner, can be held liable as a “harborer” of the dog.’”5
CONCLUSION
In this case, the Plaintiff advocated for liability and utilized a term from the strict liability statute. The parties disputed what that term meant. The court had to define the term. The court utilized common law to define the term and interpret the statute for application to this case. The common law provided a change in focus to distinguish between a “keeper” and a “harborer.” A “harborer” can be one who has possession and control over the premises as opposed to possession and control of the dog. Therefore, that common law allows for liability when the possessor in control or of the premises where the dog lives acquiesces in the dog’s presence. This is a creative but valid way to resolve the issue of liability for injury in common areas and common spaces.
ENDNOTES:
1. Beckett v. Warren, 2010-Ohio-4, 10, quoting R.C. 955.28(B).
2. Beckett v. Warren, citing Hirschauer v. Davis, 163 Ohio St. 105 (1955), ¶ 3 of the syllabus.
3. Hipshire v. Oakwood Village, 2024-Ohio-5948, Second District C.A. 30045, December 20, 2024.
4. Hipshire v. Oakwood Village, 2024-Ohio-5948, ¶ 32.
5. Sengel v. Maddox, 16 Ohio Supp. 137, 140 (C.P. 1945), Flint v. Holbrook, 80 Ohio App.3d 21, 25 (Second Dist. 1992); Godsey v. France, 1992 WL 48532, *3 (Sixth Dist. March 13, 1992).
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Greater Dayton Volunteer Lawyers Project (GDVLP)
Celebrating a Year of Impact: Thank You to Our Dedicated Volunteers
As we reflect on the past year, the Greater Dayton Volunteer Lawyers Project (GDVLP) is incredibly grateful for the dedication and generosity of our volunteer attorneys, paralegals, law students, and community partners. Together, we have made a significant impact on the lives of those in need, closing 671 cases and providing 2,430.9 hours of attorney time and 148.2 hours of non-attorney support.
This work is only possible because of the unwavering commitment of our volunteers. Whether representing clients in court, preparing legal documents, or offering guidance through complex legal issues, each contribution has played a crucial role in ensuring access to justice for those who otherwise could not afford it.
Honoring Our Outstanding Volunteers
Each year, we recognize individuals who have gone above and beyond in their service to the GDVLP. This year, we were honored to present awards to two outstanding attorneys at the DBA’s Holiday Lunceon, Blue Sullivan and Jason Nye, whose dedication and advocacy have changed lives.
Our first honoree, Blue Sullivan of Lopez, Severt & Pratt in Troy, took a unique path to the legal profession. Originally from Texas, Blue earned a Bachelor of Science in Secondary Education from Stephen F. Austin University and worked as a licensed educator specializing in Speech, English, and English as a Second Language. However, she soon realized that helping people communicate was only part of her calling. Determined to make an even greater impact, she pursued her law degree at the University of Akron School of Law, graduating cum laude and earning certificates in Alternative Dispute Resolution and Litigation.
Since beginning her legal practice in 2018, Blue has demonstrated an unwavering commitment to service. She began volunteering with the GDVLP in 2023, and in just one year, she has handled a dozen divorce cases, primarily for survivors of domestic violence. While the GDVLP typically handles uncontested divorces, Blue has gone above and beyond, representing clients through full trials to ensure they receive the protection and justice they deserve. She is a fierce advocate, a champion for the voiceless, and a shield for those facing abuse. Blue, your passion and dedication exemplify the very best of pro bono service—on behalf of our organization and the clients you have served, we thank you.
Our second award recipient, Jason Nye, is a 2016 graduate of Northern Kentucky University Salmon P. Chase College of Law. Like Blue, Jason came
By Summer Hawks Esq. Executive Director, GDVLP
to the law as a second career, bringing nearly 20 years of experience as an investment advisor before deciding to return to school with a clear purpose: to use his skills and expertise to help others.
Jason leads our Consumer Debt Counsel and Advice Program, where he conducts monthly clinics to guide clients through the complexities of debt collection issues. His work is a lifeline for those facing the intimidating tactics of bad-faith debt collectors—who often prey on vulnerable individuals with threats of homelessness or even jail.
Each year, Jason directly assists nearly 50 clients, offering not just legal counsel but also valuable resources and reassurance, particularly for seniors and others burdened by financial distress. His dedication transforms fear into empowerment, ensuring that our clients understand their rights and have a path forward.
When asked why he volunteers, Jason shared:
“I volunteer with the VLP because I believe with the privilege of being a lawyer comes a responsibility to help those in our community who do not have the means or ability to help themselves. I support the work that VLP does and I believe it is an invaluable asset to our community in helping the underprivileged achieve access to justice. I am honored to be recognized by VLP and I appreciate all the hard work performed there by the staff and other volunteers. I encourage others to look for opportunities to provide volunteer service within the community.”
Beyond our volunteers, our success is deeply rooted in the cooperation of the courts, social welfare agencies, and county resources that support our mission. Legal aid is not a solo effort—it takes a community of professionals working together to bridge the justice gap and provide hope to those in need.
To all who have contributed to our mission this year—whether by taking a case, mentoring a new volunteer, or advocating for pro bono service—we extend our deepest gratitude. Your work changes lives, strengthens our community, and upholds the principles of justice. We look forward to another year of service, collaboration, and impact.
Thank you for all that you do.
MEMBERS ON THE MOVE
Coolidge Wall is pleased to announce the addition of Briana Breault, Latashia Love and Samantha Shemavonian to the firm.
Briana Breault has joined as an associate in the firm’s Litigation and Bankruptcy Departments. With a background in bankruptcy law, she primarily focuses her practice on creditor rights, insolvency, and commercial litigation.
Latashia Love has joined Coolidge Wall as an associate in the Corporate/Business Department. Her practice focuses in the areas of general corporate and securities law. Prior to joining Coolidge, Latashia was a managing associate at GK Law Co. in Columbus, Ohio, and also worked at Thompson Hine there.
Samantha Shemavonian has joined as an associate in the firm’s Labor & Employment and Litigation Departments. She graduated cum laude from the University of Dayton School of Law, where she served as Managing Editor of the Law Review and participated in the Leadership Honors Program. Samantha interned for Judge Philyaw at the Hamilton Juvenile Court in Chattanooga and received the Pro Bono Commitment to the Community Award from the Supreme Court of Ohio. Prior to law school, she graduated summa cum laude in Political Science from Cedarville University, where she was Legal Society President.
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