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The Magazine of the Dayton Bar Association |MAY 2017 | Vol. 66, No. 9


Bar Briefs



Bar Briefs

May 2017 | Vol. 66, No. 9

Dayton Bar Association Board of Trustees 2016 – 2017

Susan D. Solle President

Brian L. Wildermuth First Vice President

David P. Pierce

Second Vice President

Barbara J. Doseck Secretary

Jonathon L. Beck Treasurer

Lynnette Dinkler Member–at–Large

Angelina N. Jackson Member–at–Large

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

Merle F. Wilberding Member–at–Large

Kermit F. Lowery

Immediate Past President

John M. Ruffolo, ex officio Bar Counsel

William B. Wheeler, 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 William B. Wheeler, Executive Director Shayla M. Eggleton, Publications 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 May 2017

FEATURES 3 TRUSTEE’S MESSAGE A Call to Action: Let's Help Our Veterans By Kermit F. Lowery Esq. 4


By Thomas J. Intili Esq.





By Jenna Beck, Chair Sinclair College Paralegal Program

The Diversity Gap in the Legal Profession

By Michele S. Henne Esq. Paralegal Profession Honored





Deadline Fri. May 19th

By Zachary S. Heck Esq.



A Follow-Up From 2016's Article "Alternatives to Incarceration"

By Hon. Barbara P. Gorman


Thurs. May 18th| 9:00-11:00am

Tues. May 11th | DBA Office | 5:30-7:30pm

6:30pm Hors d'oeuvres & Cocktails 7:30pm Dinner & Meeting

Wed. May 3rd | The Human Race Theater | 5:30-8:30pm

11 WOMEN IN LAW RECEPTION *An open discussion for both DBA Members Men and Women 14 LIBERTY BELL AWARDS + MAY CHANCERY CLUB LUNCHEON Fri. May 12th | The Old Courthouse | Doors open at 11:30am 22 2017 ANNUAL MEETING *The DBA Premier Event of the Year | Fri. June 9th | Sinclair College Bldg 12 25 2017 CELEBRATION OF LIFE MEMORIAL LUNCHEON Tues. May 9th | Sinclair College, Bldg 12 | 11:30-1:00pm 28 THURGOOD *Presented by the DBA,The Human Race Theater and University of Dayton School of Law 937.222.7902



Let's Help Our Veterans


ost, if not all, Dayton Bar Brief readers are aware there are two Veterans’ Courts operated in Montgomery County. The Honorable Michael Newman presides over the US District Court for the Southern District of Ohio’s Veterans Court and the Honorable Dennis Adkins presides over the Montgomery County Common Pleas Veterans Treatment Court. Both programs were designed and implemented to help veterans who have become entangled in the criminal justice system often as a result of drug or alcohol abuse. Oftentimes and especially for combat and combat theater veterans, the drug or alcohol abuse is a direct result of Post-Traumatic Stress Disorder (“PTSD”) or Traumatic Brain Injuries (“TBI ”). However, a large number of veterans suffering from PTSD appearing in Veterans Courts are not eligible for benefits through the Department of Veterans Affairs (“VA” ). That means the veterans are unable to get medical treatment or prescription medications for their PTSD, they are ineligible for VA home loans or educational benefits and for homeless veterans they cannot secure temporary shelter in VA owned or operated facilities. So why are they not eligible for VA benefits and especially if they are suffering from combat related PTSD? These veterans have been discharged under less than honorable conditions. In order to qualify for virtually any benefits through the VA, the discharge issued to the veteran must be characterized as Honorable or Administrative Under Honorable Conditions. According to a New York Times editorial opinion there are approximately “500,000 veterans with less than honorable discharges, including more than 100,000 who left the service during the wars in Iraq and Afghanistan.” Generally speaking there two types of discharges - administrative and punitive. Administrative discharges are used to end a term of service for reasons other than a court-martial sentence. If an administrative discharge occurred any time before the end of an enlistment contract, then it is considered an involuntary discharge which may or may not be considered adverse. An administrative discharge may be characterized as “honorable”, “under honorable conditions” or “under conditions other than honorable”. Only the under conditions other than honorable administrative discharge is considered adverse and renders the veteran ineligible for VA benefits. Under the punitive category, there are “bad conduct” and “dishonorable” discharges along with dismissals (applies to commissioned/warrant officers and students attending service academies). None of the punitive discharges are eligible for VA benefits. www.daybar.org

By Kermit F. Lowery Esq. Immediate Past President LexisNexis, a division of RELX, Inc.

So How Can We Help?

The legal community can assist veterans on a pro bono basis with “discharge upgrades” provided there is a legitimate basis to upgrade the discharge. In other words, some veterans who were suffering with undiagnosed PTSD who got into trouble and were discharged for violent behavior or drug and alcohol abuse, may be able to show their behavior was directly related to PTSD which should have been treated and therefore may be in a position to get their discharge upgraded. The two avenues for getting a discharge upgraded are the service (Air Force, Army and Navy) Discharge Review Boards and the Boards for the Correction of Military and Naval Records.

The Service Discharge Review Boards

Each service Discharge Review Board (“DBR”) is composed of military officers and can review any discharge less than 15 years old and not the result of a sentence issued by a general court-martial. Veterans can apply for a discharge review by completing a Department of Defense Form 293 application, which may be completed and submitted online. The DBRs will hold hearings that may be attended by the veteran and his or her legal counsel. The DBR hearings are held in Washington, DC, but the veteran is solely responsible for all travel and lodging expenses related to attending the hearing. In order to upgrade the discharge, the veteran must show it was inequitable (a deviation from proper standards) or improper (legal or factual errors in the process). However, minor deviations from service regulations without showing prejudice or significant harm will not suffice to upgrade the discharge . After the DBR reviews the veteran’s files and supporting documentation it can recommend to the respective service secretary (e.g., Secretary of the Army) that the discharge continued on page 5 May 2017 Dayton Bar Briefs



Lynn M. Reynolds Esq. JJ

ust south and west of the Tappan Zee Bridge is Pearl River, New York, the “Town of Friendly People.” It is a village of about 16,000 residents mostly of Irish descent. Its St. Patrick’s Day parade is second in size and participation only to the one marching annually down Fifth Avenue in New York City. From this hamlet, our Barrister of the Month, Lynn Reynolds, migrated to Dayton, Ohio, to become one of Dayton’s leading corporate counsel. Lynn was born in Nyack, New York, to Edward and Anne Reynolds. She was their seventh of eight children and the youngest of five daughters. The elder Reynolds met over a cadaver as students at Columbia University’s dental school. After meeting Edward, Anne prioritized marriage and motherhood over dentistry. Edward completed his training and for many years practiced dentistry in an office converted from a detached garage behind the Reynolds’ home in Pearl River. After graduating in 1987 from Immaculate Heart Academy in Washington Township, New Jersey, Lynn matriculated at King’s College in Wilkes-Barre, Pennsylvania, where she earned a bachelor of arts degree with a double major in English and history. Unfortunately, Lynn’s 1991 college graduation coincided with the global recession that followed Black Monday in October, 1987. Jobs were scarce, particularly for new college graduates with liberal arts degrees. For months, Lynn took the commuter train twenty miles into Manhattan to interview for entry-level jobs. After flunking the typing test, she would invariably return to Pearl River jobless. In the fall of 1992, Lynn entered the law school at the University of Dayton. During her second and third years, she clerked for common pleas court Judge John P. Petzold. Taking the reins handed her by Anthony Communale, Lynn did Judge Petzold’s legal research and prepared drafts of court decisions and judgment entries. That experience served Lynn well after graduation in 1995, when Ohio Supreme Court Justice Deborah L. Cook hired her as one of her law clerks. Unlike her Manhattan interviews, the interview with Justice Cook was fruitful, but with one common element, a word processing test. Among other things, Justice Cook’s interview consisted of the applicant’s review and analysis of briefs for and against supreme court jurisdiction, followed by preparation of a memorandum recommending one or the other. As Lynn was typing her memorandum, the computer she was given malfunctioned periodically causing Lynn to lose portions of what she had written. At the time, Lynn figured that the computer malfunctions were part of the interview as a test of her performance under adverse conditions. They were not. When Lynn completed the memorandum superbly despite the computer malfunctions, she proved herself more than worthy of the clerkship and was promptly hired. During her two-year clerkship, Lynn reviewed many more jurisdictional and substantive briefs on a broad spectrum of issues, she observed oral arguments by some of Ohio’s finest lawyers, and she drafted countless memoranda for Justice Cook, the jurist we know today as Judge


Dayton Bar Briefs May 2017

Cook of the United States Court of Appeals for the Sixth Circuit. To enhance her clerking experience, Justice Cook afforded Lynn the opportunity not only to interact with other justices, clerks and court personnel, but to experience the legislative process by observing General Assembly committee meetings in the house and senate. As we know, the General Assembly is not populated entirely with lawyers. As a result, the early renditions of some bills are, to be charitable, constitutionally infirm. As those bills were being debated in committee, Lynn repressed her impulse to point out their constitutional shortcomings by, as she put it, “sitting on her hands.” In the sunset of Lynn’s two-year clerkship, she began once again to look for a job. She recalls one day-long interview with the Columbus office of a Cleveland-based law firm. Early in the day, she interviewed with a partner who had poster-sized photographs of his children on his office wall. During the interview, Lynn commented on the photos whereupon the partner explained that they were enlarged so that he would remember what his children looked like on the rare occasions when he was able to see them. At that moment, Lynn asked to speak to the firm’s recruiter. There was no need to finish the day. The interview was over. Recalling her clerkship with Judge Petzold, and the skill and professionalism of the Dayton bench and bar, Lynn began writing letters of application to Dayton law firms, including one to Thomas Whelley at Chernesky, Heyman & Kress. As a third-year law student, Lynn underwent a pleasant mock interview with Tom. At the outset of the mock interview, Tom asked Lynn what they had in common. Lynn responded, “King’s College.” Tom said, “You did your homework,” to which Lynn replied, “You bet.” In September, 1997, Lynn joined CH&K’s growing litigation department led by Tom. Over the next three years, Lynn handled a variety of commercial, corporate and employment litigation matters. Among the most memorable were two plaintiff personal injury cases (unusual fare for CH&K) that she tried to a jury with the late Melanie Mackin. Like Whelley, Mackin cut her legal teeth defending Smith & Schnacke’s corporate clients in workers compensation cases. She was well-versed in occupational medicine and the mechanisms of injury. Mackin was a fierce competitor and masterful at cross examination. Lynn learned much from Mackin in those cases, skills she carried forward with Tom in a mammoth will contest case for the plaintiffs following the death of Robert W. Kuhns, Jr., heir to the Kuhns Foundry fortune. It was a serious case with formidable opponents, including Roger Makley of the Coolidge firm and Jeffrey Williams, a partner at Baker & Hostetler in Cleveland. In one of the case’s lighter moments, Lynn donned a new suit before taking a key deposition at Coolidge only to discover that the pattern matched the conference room’s carpet perfectly. The wardrobe misadventure notwithstanding, the deposition yielded information essential to the case’s settlement. continued on page 11


TRUSTEES MESSAGE: A Call To Action Let's Help Our Veterans continued from page 3

R.L. EMMONS AND ASSOCIATES, INC. 842–A E. Franklin Street Dayton, Ohio 45459

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be upgraded from other than honorable to general or honorable. The DBR can also recommend that the underlying reasons for the discharge be revised. The DBR can base its recommendation on a non-appearance (records review only) or appearance process, but statistics show appearances tend to have higher success rates. The DRB hearings are considered non-adversarial without imposing rules of evidence or procedure. In addition, if the evidence for and against the upgrade is equal, then the veteran gets the benefit of the doubt and receives the upgrade. Because of the large numbers of veterans diagnosed with PTSD or TBIs, Congress has ordered the DRBs to give special consideration to these conditions. Finally, if the DRB denies the upgrade, then the decision may be reviewed by the Military or Navy Boards for the Correction of Military Records.

Military of Naval Boards for the Correction of Military Records

The service correction boards are composed of Department of Defense senior civilians working in the service secretaries’ offices (i.e., the Secretary of the Army). Correction board membership is an additional duty and board members may or may not have military service experience or legal training. Veterans may complete an application for the correction of a military or naval record by completing a Department of Defense Form 149, which is referred to as a petition. The correction boards also meet in Washington, DC. Hearing are permitted, but are in the sole discretion of the boards and rarely granted. As a result, most decisions are made based on the veterans existing records and written evidence submitted by the veteran or their legal counsel. The correction boards have a 3-year statute of limitation from the date the injustice or error was discovered and the review standard for granting an upgrade is based on a finding of injustice or error. In addition, the boards are allowed to reconsider previous decisions which may involve the review of new evidence. However, new materials for reconsideration of prior decisions must be submitted within one year from the date of the previous decision.

Assisting Veterans After Discharge Upgrades

If the veteran is successful getting the discharge upgraded, then volunteers can assist the veteran with applying for VA benefits. But first attorney volunteers need to complete a Veterans Administration Form 21a to have the VA General Counsel designate you as a claims agent . For attorneys, the process takes 60 or fewer days and you must complete six hours of CLE every two years to maintain the certification. For non-attorneys, the certification process requires 40 hours of training. After the veteran obtains his or her service and medical records (by completing a Standard Form 180), the veteran is well positioned to the VA application process by completing the VA Form 21-543EZ or the VA Form 21-526.

Training for Volunteers

Earlier this year the Honorable Michael Newman helped to organize training on assisting veterans with the VA application process and representing veterans in VA administrative hearings. The training was conducted by David Meyer, a Principal Staff Member and subject matter expert from The Veterans Consortium in Washington, DC. In the near future, the LexisNexis Pro Bono Task Force, in conjunction with other interested organizations and individuals, plans to schedule additional training on Discharge Upgrades which will also be conducted by someone from The Veterans Consortium. If you are interested in assisting veterans with VA applications or discharge upgrades, STAY TUNED!

May 2017 Dayton Bar Briefs



By Michele S. Henne Esq. DBA Editorial Board Montgomery Cty Prosecutor's Ofc


or decades, diversity has been one of those hot-topics everyone believes they know what it is. It is generally accepted as an aspirational goal for both individuals and businesses alike. And now, in the twenty-first century, most people believe they practice diversity and push the importance of it to the wayside. But in a time where individuals feel more at liberty to discuss personal differences, now is the most important time to fully embrace these differences and truly take a look at what diversity means. With no dispute as to the benefits of diversity, do we know exactly what we are trying to achieve when we say we want to encourage more diversity? As The Honorable Judge Fanon Rucker quoted from a Merriam-Webster dictionary, diversity is defined as "the condition of having or being composed of differing elements: variety; especially: the inclusion of different types of people..." Diversity includes a large variety of differences: political viewpoints, socioeconomic status, sexual orientation, religious beliefs, cultural backgrounds, gender, and even simply family upbringing. But diversity is not just the inherent differences in people. The other key factor of diversity is the inclusion of these differences in people and embracing individuals for their individuality. From the outset of Diversity Day 2017 - The Diversity Gap in the Legal Profession, all speakers and panelists inspired the audience to look within themselves to see how each of us could contribute to addressing diversity issues. The first panel (comprised of Kenneth Parker, Robert Gresham, Marsha Greer, and Tanya Hogan) discussed repairing the pipeline in the Dayton region. SWEL (summer work experience in law program), the Law and Leadership Institute, and the Minority Clerkship Program locally provide support and resources for student of all levels, from elementary school to graduate school. Professionals involved in these programs use a hands-on and practical approach. The students and their mentors work together to so students can develop necessary skills to succeed as a professional, including improving standardized test scores, assisting with networking, developing self-confidence, improving public speaking skills, and even learning proper dining etiquette. The SWEL program goes further to inspire their students by traveling with them to local and national colleges for the students to personally see what their hard work can achieve. The second panel (comprised of Ken Couch, Kathryn Pullen, Autumn Kruse, and Kevin Conner) focused on diverse recruitment and retention. All of the panelists had one theme – inclusion. Each panelist described their personal experiences, including


Dayton Bar Briefs May 2017

some struggles with inclusion in the workplace. It was evidence the mere talk of inclusion and diversity was insufficient to make any progress in diverse recruitment and retention. Instead, as a society, we need to intentionally reach beyond our assumptions, preconceived notions, and beliefs. This includes disregarding what may be our gut or first instinct (and what may give rise to implicit bias) to give those individuals with different perspectives opportunities for success. Since we have made significant strides in diversity in the recent past, we have learned that it is diversity – the specific differences that make individuals unique – that help develop better ideas and improve performance. Diversity Day 2017 concluded with a dynamic and inspirational speech from The Honorable Judge Fanon Rucker. He discussed his personal struggle with diversity, including a self-imposed unconscious bias. After recognizing this, Judge Rucker stated that as a society we give lip service to diversity but do not fully put it into practice. While applying the full definition of diversity (acknowledging uniqueness of individuals while also practicing inclusion of those differences) to everyday life, Judge Rucker detailed three things that can be done to make diversity truly count. The first was to recognize the value of diversity. To do so, Judge Rucker emphasized it was not sufficient to merely recognize diversity as an aspirational goal. Instead, we should respect and accept those differences that make each of us unique. Secondly, he recommended establishing relationships outside of normal circles. It is human nature to associate with those who are similar to ourselves. However, if we step outside our normal circles to deliberately and actively develop relationships with those who are different, those relationships can bring a variety of experience and knowledge we would not have otherwise had. Finally, Judge Rucker encouraged the audience to purposely reject and argue against the negative. In today’s society the focus seems to automatically go to where someone went wrong, what someone could have done differently, and their respective failures or losses. By changing our focus on our own positivity, it then encourages positivity in others and can form “I can do it” attitudes. Diversity has been an on-going discussion for decades. Due to this, I naively believed I knew everything about it. But the panelists, speakers, and breakout group discussions encouraged audience members to see whether diversity really existed in their everyday lives. When taking an introspective look at the diversity in my life, I found there really was none, even though I have a different skin color from most of the people I know: the people I know are really all like me (a professional, a parent, and politically moderate – sometimes a combination of all three). I realized diversity was not merely about being visually different from everyone else. Diversity is about taking an active role in embracing individual differences and making that inclusion part of our everyday culture.


Photo Captions Top Left to Right: Panel: Repairing the Pipeline in the Dayton Region Diversity Chair: Angelina Jackson Esq.; Diversity Co-Vice Chair: Kevin Conner Esq.; Keynote Speaker: Judge Fanon Rucker; Diversity Chair: Barb Doseck Esq.; Diversity Co-Vice Chair: Magistrate Brandon McClain Keynote Speaker: Judge Fanon Rucker addressing "The Diversity Gap in the Legal Profession" Panel: Diverse Recruitment and Retention

Thank You Sponsors! Faruki Ireland Cox Rhinehart & Dusing P.L.L.


May 2017 Dayton Bar Briefs



Paralegal Profession Honored P

rofessional paralegals, paralegal students, as well as lawyers and judges from the Miami Valley filled the Sinclair College Tartan Marketplace banquet room on Wednesday, April 12, to mark the region’s celebration of Paralegal Day. The paralegal profession is one of the fastest growing professions in America, with strong salary expectations, according to federal labor statistics. Paralegals are credited with lowering the cost of legal services for clients. Montgomery County Clerk of Courts Gregory Brush served as emcee of the event. Kelly Henrici, Executive Director of the Greater Dayton Volunteer Lawyers Project, served as the keynote speaker. The highlight of the event was the presentation of the Paralegal of the Year Award. DJ Shade, a Paralegal with Bieser, Greer, and Landis, was selected as the 2017 recipient of the Paralegal of the Year Award. DJ had not one, but two nominations. As a Paralegal at Bieser Greer for the last eighteen years, DJ has earned the respect of both clients and colleagues for her hard work, compassion, and determination. In addition to her work at Bieser Greer, DJ has mentored countless numbers of paralegal students and served on the Sinclair Paralegal Program advisory board for over two decades.


Dayton Bar Briefs May 2017

By Jenna Beck, Chair Sinclair Community College Paralegal Program Sponsors from the legal community and leaders in the Dayton region as well as Sinclair College provide support for the Paralegal Day event. Sponsors for the 2017 Paralegal Day event included: Porter, Wright, Morris & Arthur: By means of the Estabrook Charitable Trust University of Dayton School of Law Roberson Law Dayton Bar Association Dayton Municipal Court ABLE/LAWO

Charlotte Wharton Sebaly, Shillito & Dyer Magistrate Barb Reno Washington Township Trustee Joyce Young Attorney Gary Froelich



Crisis Communications & Management for Lawyers & Their Clients

*Nationally Recognized

Bruce Hennes

Thursday, May 18, 2017 8:45am Registration 9:00-11:00am Program 2.0 General CLE hours Seminar #1617-101 M $75 | NM $100 | PP $0 DBA Offices

Hennes Communications

About the Seminar:

Especially in today’s world of immediate information, when reporters won’t wait long for you to return that call before posting the story online and where virtually everyone is a “journalist” armed with a camera and able to reach thousands of people with one simple Facebook message, attorneys and their clients simply cannot wait until a legal decision is rendered. They must be prepared to vigorously defend their situation in a wide variety of venues, as well as media outlets. This seminar will help establish & maintain “control of the message”; when a reporter calls - making points and not just answering questions; reporter’s agenda vs. the attorney’s agenda; dealing with the press proactively and reactively; tips and techniques for better presentations to the media, as well as judge and jury.

About Our Featured Speaker:

Bruce Hennes is Managing Partner of Hennes Communications, one of the few firms in the U.S. focused exclusively on crisis communications and reputation management. Based in Cleveland, Ohio, but with clients across the U.S., Hennes Communications serves corporations, educational institutions, government agencies, hospitals, professional service firms and nonprofits that are “on trial” in the Court of Public Opinion. Mr. Hennes has more than 40 years’ experience in communications, including stints managing political campaigns, working in the automotive industry and as executive director of a large nonprofit agency. He opened his own communications firm in 1989. The firm’s recent clients include Avery Dennison, ThyssenKrupp, Westfield Insurance, Akron General Hospital, United Way of Greater Cleveland, Lubrizol, the National Aeronautics and Space Administration, Kent State University, the Northeast Ohio Regional Sewer District and the Greater Cleveland Regional Transit Authority, as well as scores of nonprofits, municipalities and law firms across the U.S. The plenary speaker for the previous three years at the ABA’s Bar Leadership Institute and at the recent International Municipal Lawyers Association, Mr. Hennes is a frequent speaker before numerous specialty bar and other trade associations. In addition, he serves on the executive committee of the Cleveland Metropolitan Bar Association, which awarded him its’ first-ever President’s Award, and on the board of the Cleveland Leadership Center.

visit www.daybar.org to register or call 937.222.7902! www.daybar.org

May 2017 Dayton Bar Briefs



Why Do So Few Lawyers Handle Federal Workers’ Compensation Cases?

By Michael P. McCready McCready, Garcia & Leet 10008 S. Western Ave. Chicago, IL 60643 Michael@McCreadyLaw.com www.FederalCompensation.com


new client calls your office. He explains how he was injured on the job. You figure, “great, a new worker’s compensation case!” After listening further, the client tells you he works for the US Postal Service. A federal employee. You immediately stop the conversation and tell the client you don’t handle federal workers’ compensation cases, and what’s more, you don’t know anyone who does. The client hangs up and is left on his own. But why is it that so few lawyers handle federal workers’ compensation cases? There are 2.1 million federal civilian employees. That is a huge potential client base, larger than the working age population of twenty states! There are no court appearances in federal workers’ compensation cases. All proceedings are done telephonically and almost all documents are uploaded electronically. Because it is based on federal law, you can represent clients all over the country, and in fact, all over the world. There are no state restrictions to practicing law with federal workers’ compensation cases. Finally, many federal agencies are at a high risk of sustaining work related injuries. Employees of such federal agencies as the United States Postal Service (USPS), the Veterans Health Administration (VA), the Transportation Security Administration (TSA) and the Department of Homeland Security (DHS) are all covered under federal workers’ compensation. Given these factors, there should be a lot of lawyers who handle federal workers’ compensation cases. But there aren’t. Why? First, there are no contingency fees in federal workers’ compensation. In fact, federal law makes it a misdemeanor to charge an injured federal worker a contingency fee. Therefore, all work for federal employees must be billed by the hour with detailed descriptions of the work performed and the time spent. Traditional workers’ compensation and personal injury lawyers are not accustomed to keeping track of time and billing clients. Additionally, contingency lawyers will charge a percentage of the recovery, which is forbidden in federal cases. Second, although being able to represent clients nationwide is a positive, when it comes


Dayton Bar Briefs May 2017

to collecting an unpaid fee for work performed, it is a serious limitation. You can’t be suing people all over the country who do not pay your fee. For this reason, most federal workers’ compensation lawyers charge an upfront retainer. Imagine being injured on the job, perhaps not being paid, and having to send a retainer to a lawyer to represent you in a workers’ compensation case. The contingency tort system is designed to allow everyone access to the courthouse, regardless of economic means. In federal workers’ compensation cases, only those who pay their lawyer have representation. Third, assume a client has paid a retainer and you have kept detailed billing records. You are not allowed to transfer the retainer to your operating account until the client has approved the bill. Yes, that’s right, you don’t get paid if the client disapproves of the bill, even if you do the work. In a contingency case, you take the risk that you may not win, and if a contingency lawyer fails to make a recovery, there is no fee. In federal workers’ compensation, you can do the work, and win or lose, you may not get paid if a client does not approve of your fee. Fourth, any compensation received by an injured federal employee is sent directly to the worker, not his or her attorney. In traditional contingency fee practice, you immediately send a notice of attorney lien or letter of representation to protect your right to get paid. Usually, the settlement check is made payable to the lawyer and the client. Not in federal workers’ compensation cases. The check is made payable to the client and mailed directly to the client. As you can imagine, this severely hampers a lawyer’s ability to get paid, and reinforces the need for a retainer. Because the check is mailed to the client, case loan companies will not provide a case advance to pay a retainer. It should be obvious from the above discussion of federal workers’ compensation why there are so few lawyers handling these cases. The federal government justifies these procedures by proclaiming they want the injured worker to receive as much of the recovery as possible, not an attorney. The prohibition against contingency fees is also meant to

protect federal employees from being “overcharged” for legal services. The assurance that attorneys’ fees and the claimant’s recovery are kept separate is part of that protection. But, what they have done is essentially cut lawyers out of the federal system and deprived federal workers the ability to have legal representation for their injuries. It’s a very sad system and it is heart-breaking to hear the stories of these workers. Too often, people come to us because they tried to appeal it on their own and now are losing their house because they have gone so long without any kind of a pay check. They finally borrow money from a relative so that we can help them and we are successful, but when they receive their back pay that they should have received all along, it is without interest or any kind of penalties. Also, they do not receive attorney’s fees back when they win. While the system is flawed and the workers’ are at a disadvantage, we are here to help them fight for what they deserve. These are people who got hurt doing their job. They should be compensated while they heal and for any permanent injury they suffer. These cases are often easily fixed with the help of an attorney and a doctor, but the claims examiner denies them and most people cannot fight them alone. If an injured federal worker contacts your office, you have a few choices. First, you can refer them to a lawyer who handles federal workers’ compensation, with the caveat, that they will need to pay a retainer; Second, you can handle the case yourself, either with or without a retainer; or Third, you can handle the matter pro bono. If you handle it yourself without a retainer, you may be handling it pro bono anyway for the reasons set forth above. But, injured federal workers deserve legal representation. If you ever have questions regarding federal compensation, feel free to contact our firm at www.federalcompensation.com.


BARRISTER OF THE MONTH: LYNN M. REYNOLDS ESQ. continued from page 4 As time passed at CH&K, Lynn gained experience, expertise and enthusiasm for employment law. Like many young lawyers with solid resumés, Lynn received calls periodically from headhunters. One such call came from a recruiter about an in-house counsel position with substantial employment law responsibilities at LEXIS/NEXIS. Lynn accepted the position commencing employment in Miamisburg in January, 2001. At LEXIS/NEXIS, Lynn began as a senior corporate counsel with employment counseling and commercial litigation management responsibilities. In 2008, she was promoted to the position of Vice President and Lead Employment Counsel. In that role, she added to her responsibilities matters related to LEXIS/NEXIS’s acquisition of Choicepoint, a private intelligence service to government and industry. In 2012, Lynn was promoted to General Counsel North America. In that role, she reported to five division chief executives and had fifteen direct subordinates. Like many tech companies, LEXIS/NEXIS’s organizational structure was in an almost constant state of flux over Lynn’s sixteen-year career there. Over that period, Lynn, with oversight by the Global Chief Legal Officer of RELX Group (formerly Reed Elsevier), met the internal legal challenges of North America’s frequent corporate restructuring. One of her responsibilities as general counsel was the transition of certain paralegal operations from Miamisburg to the Philippines. As part of that transition, eight local paralegals lost their jobs some of whom had been at LEXIS/NEXIS since the Mead Data Central days of the mid 1990s. The distaste of having to terminate local paralegals that she had come to know, like and respect, intensified when, as the result of another restructuring, Lynn’s own position was decentralized amongst three of her subordinates and terminated last December. Now in between jobs, Lynn is thinking long and hard about her next career move. For the time being, she is enjoying additional time with her two sons, Phillip Cicero, 15, and Dominic Cicero, 12. But, might the time be right for Lynn to think about returning to private practice or even a judgeship of her own? Stay tuned and let Barrister of the Month be added to her resumé.

By Thomas J. Intili Esq. DBA Editorial Board Intili & Groves Co., LPA

EDITORS NOTE: In last month's Barrister article featuring the

Honorable Christopher J. Roberts, there were two typographical error's we would like to correct. Judge Dennis GREANEY not Grady. Flanagan Lieberman Hoffman & SWAIM not Swann. www.daybar.org


DBA Board of Trustees


Second Vice President: Hon. Mary L. Wiseman Montgomery Cty Common Pleas Court 41 N. Perry St. PO Box 972 Dayton, OH 45422-1431

Secretary: Cara W. Powers Esq. Premier Health Partners General Counsel's Office 110 N. Main St., Ste. 900 Dayton, OH 45402-1848

Elections will take place at the DBA Annual Meeting on Friday, June 9, 2017.

A gathering for DBA Members BOTH Women & Men This reception format gathering featuring hors d'oeuvres and beverages will include: Topic: An open discussion on the changing perception of Women in Society and the Law Date: Thursday, May 11, 2017 Time: 5:30-7:30pm Location: DBA, 109 N. Main St., Ste. 600 Space is limited! Please RSVP to: Lori Luebben lluebben@daybar.org 937.222.7902 *No charge. We ask that you please RSVP in advance.

The DBA wishes to Thank the Eichelberger Foundation for their generosity with sponsoring this program! May 2017 Dayton Bar Briefs


NOMINATIONS NOW BEING ACCEPTED Dayton Bar Association Leadership Development Program


he DBA is again accepting nominations for the Leadership Development Program Class of 2016. The program is designed to develop future interest and leadership in the Dayton Bar Association, to engage lawyers early in their career and to gain a deeper understanding of the benefits of membership. In addition, the Leadership Development Program will provide a networking opportunity by introducing new lawyers to key stakeholders in the Dayton legal community. Eligibility Criteria and Selection Process The New Lawyer Leadership Program will be available to 10 to 15 lawyers who have been practicing less than 5 years. The participants in the program will be selected by nominations that will be solicited from lawyers, law firms, judges, public offices such as Prosecutor’s Office and Public Defender’s Office, Legal Aid and corporations. Self-nominations will also be accepted.

Lawyers will be selected from those nominated on the basis of: interest in the bar association, as demonstrated by current membership and committee activities; interest in future leadership positions within the bar association; good standing within the legal community; interest in non-legal community service and/or diversity;

Meetings/Programs The Second Vice President will be the Board Sponsor of the group planning and implementing the program and will be assisted by a Chairperson, who will be selected from the Dayton Bar Association Membership. The group will meet once a month from September to June. Meetings generally will last 1 1/2 hours and will feature key stakeholders in the Dayton legal community, along with a wine and cheese reception. At the June 10th Annual Meeting of the DBA, program participants will be introduced. Following the program completion, the graduates will be encouraged to volunteer in one of the bar committees.

NOMINATION DEADLINE: Friday, May 19, 2017 (Please see nomination form on next page)


Dayton Bar Briefs May 2017


New Lawyer Leadership Program Nomination / Application Form NOMINATION DEADLINE: Friday, May 19, 2017 Nominations are solicited from lawyers, law firms, judges, public offices such as Prosecutor's Office and Public Defender's Office, Legal Aid and corporations. Self-nominations will also be accepted. Nominees must be practicing for less than five years. Name: ___________________________________________________________________ Employer: ________________________________________________________________ Address: _________________________________________________________________ Phone No.:________________________________________________________________ Fax No.: __________________________________________________________________ Email: ___________________________________________________________________ Year Admitted to the Ohio Bar: ______________________________________________ Primary Practice Area(s):____________________________________________________ Explain your/the nominee's bar association involvement (local, state, and national):

Explain your/the nominee's other community involvement:

Why would you/the nominee be a good fit for the New Lawyer Leadership Program? Signature: ______________________________________Date:__________________________

Please return completed application to: William Wheeler, DBA New Lawyer Leadership Program, 109 N. Main St., Ste. 600, Dayton, OH 45402-1153 or bwheeler@daybar.org www.daybar.org

May 2017 Dayton Bar Briefs



The Chancery Club


The DBA wishes to thank the Eichelberger Foundation for their generosity in sponsoring these luncheons.

Join us at our last Luncheon of the Year! The Old Courthouse Friday, May 12, 2017 Doors open at 11:30am

Liberty Bell Award

Joins us at this years Liberty Bell Awards to be announced during the May Chancery Club Luncheon! Friday, May 12, 2017 The Old Courthouse Doors open at 11:30am

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Dayton Bar Briefs May 2017



May 2017 Dayton Bar Briefs


daybar.org/cle DBA Labor and Employment Law Committee’s Annual (and Amazing) CLE (video replay)

Tuesday, May 2, 2017 | 1:00-4:15pm 3.0 CLE hrs, incl.1.0 hr of Prof. Conduct | Seminar #1617-107 M $105 | NM $150 | PP $0 AGENDA: 2016 brought significant changes to the practice of labor and employment law, including how and when lawyers may communicate with employee witnesses, new limitations on and increased emphasis of the salary basis test under the Fair Labor Standards Act that make more employees eligible for overtime pay, and the legalization of medical marijuana and its effects on the workplace. - Ethics for the Labor and Employment Lawyer - The “New and Improved” FLSA and What it Really Means for Ohio’s Employers - Drugs and Alcohol as Disabilities DBA in Partnership with The Human Race Theater and University of Dayton School is pleased to bring you...

THURGOOD THURGOOD *See details on page 28 Wednesday, May 3, 2017 1.0 General CLE hr | Cost $40 The Human Race Theatre Company 126 N. Main Street, Dayton, OH *Special performance with CLE credit! Register Online at www.daybar.org. Please contact Jennifer Otchy: jotchy@daybar.org with questions.

Amazing Panel: Dr. Lawrence Burnley, Vice Pres. for Diversity and Inclusion, University of Dayton The Honorable Walter H. Rice, Senior Judge, U.S. Dist. Ct. for the Southern Dist. of Ohio The Honorable Nathaniel R. Jones, Retired Judge U.S. Court of Appeals for the Sixth Circuit AGENDA: 5:30pm Registration 6:00pm THURGOOD 7:30-8:30pm Panel Discussion THURGOOD: The Law is my Weapon Thurgood Marshall is widely known for his successful advocacy in the 1954 United States Supreme Court case of Brown v. Board of Education (holding that state laws assigning students to separate schools by race were unconstitutional) and for his subsequent appointment in 1967 as the first African-American Supreme Court Justice. The Human Race Theatre production of Thurgood, by George Stephens, Jr., provides a broader picture of Marshall and his stunning accomplishments as a lawyer, his work as a Justice, and his continuing legacy in education, voting rights, and the American criminal justice system. This event is intended to provide context for and understanding of the legal and social issues raised in Thurgood.

Domestic Relations 101 (video replay) Tuesday, May 9, 2017 | 9:00-12:15pm 3.0 General CLE hrs | Seminar #1617-108 M $105 | NM $150 | PP $0


Dayton Bar Briefs May 2017

Judge Langer’s 2016 Criminal Law Update (Survey of US Supreme Court, Ohio Supreme Court and Ohio Appellate Case Law) (video replay)

Tuesday, May 16, 2017 | 1:00-4:15pm 3.0 General CLE hrs | Seminar #1617-109 M $105 | NM $150 | PP $0 Speaker: Hon. Dennis J. Langer, Montgomery County Common Pleas Court AGENDA: 2016 Criminal Law Update (Survey of US Supreme Court, Ohio Supreme Court and Ohio Appellate Case Law). Judge Langer will review a wide spectrum of cases addressing search and seizure, confessions, pretrial identification, waiver of counsel, substantive criminal law, no contest pleas, rules of evidence, trial procedure, sentencing, probation revocation hearings, and other miscellaneous issues.

Crisis Communications & Management for Lawyers & Their Clients *See details on page 9 Thursday, May 18, 2017 | 9:00-11:00am 2.0 General CLE hrs | Seminar #1617-101 M $75 | NM $100 | PP $0 *Featuring Nationally Recognized Speaker Bruce Hennes of Hennes Communications Workers Comp Committee presents:

Ohio Industrial Commission Update

Thursday, May 18, 2017 | 12:00-1:00pm 1.0 CLE hr | Seminar #1617-117 Committee M $25 | M $35 | NM $45 | PP $0 Speaker: Kathi Hopkins Esq., Hearing Admin, Southwest Region AGENDA: In this one-hour CLE, Industrial Commission Hearing Administrator Kathi Hopkins will describe the role of the Hearing Administrator, and will discuss Industrial Commission policies regarding hearing continuances and cancellations; permanent total disability application processing; claim suspension; requests for relief; subpoenas; depositions/interrogatories; emergency/expedited hearings; asbestos claims; and prehearing conferences.

Newly admitted? DBA New Lawyer Training: Core Components Professionalism, Law Office Management & Client Fund Management (video replay)

Tuesday, May 23, 2017 | 1:00pm-4:15pm 2.0 General CLE hrs and 1.0 hr Professional Conduct 3.0 NLT CLE hrs, incl. 1.0 hr NLT Professionalism, 1.0 hr NLT Client Fund, 1.0 hr NLT Law Office Mgt* Seminar #1617-110 M $105 | NM $150 | PP $0 AGENDA: During this seminar, presenters will discuss common ethics violations, professionalism in the practice and the routine procedures for prosecuting ethics violations. This is a great opportunity to learn something new about the Ohio Rules of Professional Conduct and professional experiences. For the new lawyer, this CLE will cover the entire 3-hour core components of the NLT requirements including learning how to comply with disciplinary rules on attorney fees and IOLTA accounts and how to avoid professionalism issues. 9:00-10:00am John Ruffolo: Ethics/IOLTA 10:00-11:00am Denise Platfoot-Lacey: Professionalism 11:15-12:15pm Stephanie Allen: Law Practice Management *Credit is pending from the Supreme Court of Ohio Continuing Legal Education as New Lawyer Training education


Psst'...We're dropping the Junebug in Your Ear Early! Purchase Your 2017-18 CLE Passport Today for Great DBA CLE Discounts!

Upcoming June CLE

2016 Elder Law Update Seminar (video replay)

Tuesday, June 6, 2017 | 9:00am-4:15pm 6.0 CLE General hrs | Seminar #1617-112 M $200 | NM $300 | PP $0 AGENDA: - Ethical Considerations in Elder Law - Defining Elder Law; Medicaid Coverage for Nursing Homes; Countable Resources and Exempt Resources - The Changing Landscape of Long Term Care Insurance - ABLE accounts - Guardianships A to Z including Rule 66 - Planning Strategies for Asset Planning Strategies for Asset Protection for our clients, avoiding estate recovery

House Bill 390: Revamping Ohio’s Foreclosure Process (video replay) Wednesday, June 21, 2017 | 1:00-4:15pm 3.0 CLE hours | Seminar #1617-1 Member: $105 | Nonmember $150 | Passport $0

Juvenile Law Certification (video replay)

Thursday, June 22, 2017 | 8:30-3:45pm 6.0 CLE General hrs | Seminar #1617-119 M $215 | NM $310 | PP $0 *If you were not on the Juvenile Court appointment list by June 22, 2017, or have never been on the appointment list, you must attend this seminar for certification.

2016 Probate Law Institute (video replay)

Tuesday, June 13, 2017 | 8:30am-4:15pm 6.25 CLE General hrs | Seminar #1617-113 M $215 | NM $310 | PP $0 AGENDA: - Medicaid: The Changing Landscape: Ohio’s Conversion to an SSI State and Update on Major Changes - Is the Cloud Finally Lifting? Planning for and Administering Digital Assets in Ohio - Case Law Update on Important Cases and Issues, Montgomery County Probate Court “Hour of Power:”Learning How to E-file in Probate Court - Hot Topics in Probate and Trust Law - Conflicts of Interest: Estate Planning, Trust and Estate Administration

Criminal Law Certification (video replay)

Friday, June 16, 2017 | 8:30am-4:15pm 6.0 CLE General hrs | Seminar #1617-114 M $215 | NM $310 | PP $0 AGENDA: - Introduction to the Montgomery County Common Pleas Felony Appointment List - Montgomery County “Lingo” 101 - Preliminary Hearings, Pre-Indictment Disposition, Arraignment, Bond Review - First Meeting with Client, Client Control - Discovery, Plea Negotiations, Pre-Trial Conferences - Pre-trial Motions and Hearings - Investigation & Trial Preparation - Dispositions: ILC, Diversion, CCS, Sentencing - Panel - Notice of Appeals and Fees - Probation *If you were not on the Court appointment list by June 16, 2017, or have never been on the appointment list, you must attend this seminar for certification. www.daybar.org

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May 2017 Dayton Bar Briefs



DBA CLE Registration Form Member

Passport Holder


CLE Seminar #(s) __________________________________

Name(s) ____________________________________________________________________________________ Firm/Company ______________________________________________________________________________ Address ____________________________________________________________________________________ City, State + Zip______________________________________________________________________________ Phone _____________________________E-mail ___________________________________________________ Enclosed is my check in the amount of $______________ (made payable to the Dayton Bar Association) Please charge my credit card the amount of $__________




Am. Express

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Dayton Bar Briefs May 2017



May 2017 Dayton Bar Briefs



Rising above Starsthe Bar Michael Jurek Esq. NN

ever be afraid to ask for what you want. This has been Mike Jurek's motto, and serves as great advice for anyone looking ahead to the next big life adventure. Mike has taken advantage of many great opportunities, culminating in a successful domestic relations and civil litigation practice at Dungan & LeFevre Co. LPA . But rarely does an opportunity just appear out of thin air; instead, Mike has often invested the effort to embrace the unknown and create his own opportunities. During his undergraduate years at Denison University, Mike saw an opportunity to do something different. He was sitting in a coffee house near campus where his friend worked, and started thinking about how the coffee house could go from good to great. The coffee shop had a stage that was often empty, was open late into the night Sundays through Thursdays, but experienced minimal business. Mike saw a stack of job applications on the counter and filled one out. But instead of applying for the counter job listed, he wrote-in the job he really wanted: “Promoter.” On the application, Mike wrote an argument for why he should be hired to help promote the coffee house and promised that, if they created this position for him, he would double attendance within six months, or gladly resign if he failed to meet this goal. He got the job. Two months later, after the manager resigned, Mike's initiative paid off when he was promoted to General Manager. In no time at all, Mike had fulfilled his promise of doubling the attendance at the coffee house by booking live bands and comedians to perform, revamping the menu, and giving students a fun place to hang out. However, Mike did not stop there. When he attended law school at Ohio State University, Mike was selected to chair the comedy committee of the Ohio Union Activities Board, where he was responsible for booking and promoting nearly $550,000 worth of shows, nearly half of the Board’s $1.2 million annual budget devoted to bringing top-tier entertainment to campus. Mike took the skills he acquired booking entertainment at Denison, and applied it to booking all-star talent to perform at Ohio State. As a result of his hard work, Mike spent much of his 3L year booking and producing


Dayton Bar Briefs May 2017

comedy shows featuring comedians such as Jon Stewart and correspondents Samantha Bee and Jason Jones from The Daily Show, Jim Gaffigan, Dave Attell, Gabriel Iglesias, Patrice O’Neal, Demetri Martin, and Sarah Silverman, in between briefing cases, working on the Ohio State Law Journal, and drafting course outlines. Following his graduation from law school, Mike went to work for a prominent firm in Cincinnati. It was a great job, but offered little opportunity to litigate from inside the courtroom. With a downturn in the economy in late 2009, Mike found himself laid-off, alongside more than a dozen of his fellow associates. Mike was offered a job at Legal Aid Society in Louisville, Kentucky, which allowed him to not only engage in meaningful work, but also litigate cases that would provide him with hours of courtroom experience. Mike remembers his time at Legal Aid Society as rewarding, because it provided countless hours of trial experience representing victims of domestic abuse, while also allowing him to help clients in dire need of legal assistance. In mid-2011, Mike then seized a new opportunity by moving to the Dayton legal community as one of the first two federal judicial law clerks for the Honorable Michael J. Newman of the U.S. District Court for the Southern District of Ohio. During his interview with Judge Newman, Mike recalled the advice given to him by a friend of his who also was a federal clerk and made it a point to tell Judge Newman that he really wanted the job and would gladly move to Dayton if given the opportunity. Mike counts Judge Newman as one of his most valued mentors, because he went out of his way to teach Mike the value of building professional relationships in the community, and the importance of mentoring young and aspiring lawyers. Mike attributes much of his success in Dayton to Judge Newman's mentorship, guidance, friendship, and willingness to introduce him to members of the Dayton legal community he may otherwise have never met. Their friendship was such that Mike asked Judge Newman to officiate his wedding to his wife, Bruna, in 2012. When Dungan & LeFevre Co., LPA was

looking for someone to take over their family law and domestic relations practice, Mike once again seized the opportunity. Today, he enjoys a successful domestic relations practice where he advocates for his clients inside the courtroom, a quality of his practice that he valued since competing for his high school mock trial team. Nearly every year since moving to Dayton, Mike revisits his high school mock trial memories by serving as a judge for the Ohio High School Mock Trial Competition. Each year, as high school students argue before "Judge" Jurek, Mike is always sure to include one piece of advice in his post-trial comments. Reflecting on how, not too long ago, he once stood where these high school kids are, he reminds them that if they enjoy the challenges of trial work, then they can do it for a living every day…and get paid for it. All they have to do is be ready, work hard, and never be afraid to ask for an opportunity they want.

By Zachary S. Heck Esq., CIPP/US DBA Editorial Board Faruki Ireland Cox Rhinehart & Dusing P.L.L.



May 2017 Dayton Bar Briefs


Dayton Bar Association

The Association for Legal Professionals Since 1883

The Dayton Bar Association Board of Trustees and Staff request the pleasure of your company for socializing, dining and celebration in honor of Our Members at this Premier Event of the Year!

Friday June Ninth, Two Thousand Seventeen Sinclair Community College David H. Ponitz Center Building 12 444 West Third Street Hors d’oeuvres & Cocktails half after six o’clock Dinner & Meeting half after seven o’clock The courtesy of a response is requested by: Friday, June Second Two Thousand Seventeen Please make dinner reservations for Please make dinner reservations for

@ $35.00_______________________$__________ table(s) of 8 @ $280.00____________$__________

Please make dinner reservations for

table(s) of 10 @ $350.00___________$__________

Please attach a list of attendees

Total: $___________

Payment: Check #_____________ Credit Card (see below) NAME: ADDRESS:





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Dayton Bar Briefs May 2017

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RE: Dayton Bar Association 2017 Annual Meeting Dear DBA Member: I would like to invite you to join fellow members and guests for the DBA’s premier event of the year. The 2017 Annual Meeting Our Legacy of Excellence, will be held at the David H. Ponitz Center located at Sinclair Community College in Building 12, on the evening of Friday, June 9, 2017. Along with the election and installation of new officers, we will thank Susan D. Solle Esq. for her direction and leadership over the last year as well as welcome incoming President, Brian D. Wildermuth Esq. Recognition will also be given to those who have contributed to this year’s success. This will be your chance to connect with friends and colleagues you may only see once or twice a year. As always, the DBA would like to thank you for your continued support of YOUR Association. I look forward to having you join us for this year’s Annual Meeting.

Very Truly Yours,

As the DBA’s Premier Event of the Year, sponsorships help ensure the Annual Meeting is an evening to remember and affordable for all. All sponsors are recognized throughout the evening on a 10-foot-tall scrolling screen, in the printed program and in two issues of the Bar Briefs magazine (printed and electronic versions)! Thank you for your consideration.

DBA Annual Meeting Sponsorship • Friday, June 9, 2017 • Sinclair College, Bldg. 12 Sponsorship deadline is Monday, May 22, 2017 To:

DAYTON BAR ASSOCIATION 600 Performance Place 109 N. Main St. Dayton OH 45402-1129

I would like to support the DBA and promote my firm through Annual Meeting sponsorship at the following level:

Phone: 937.222.7902 Fax: 937.222.1308 NAME

Platinum Level


Gold Level


Silver Level


Bronze Level

$ 500

Patron Level


Check # Enclosed: Charge my: VISA



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2017 Campaign for Equal Justice T

wo campaigns will occur this year as we celebrate the 50th Anniversary of legal aid in Dayton. The Fairness and Justice Campaign is under way in honor of the anniversary. The campaign has a multi-year focus, raising funds to provide free legal assistance over the next three years to Dayton area people in desperate need when facing noncriminal legal issues. The campaign, led by Robert Curry of Thompson Hine LLP and Susan Bridgman of Field Aerospace, will embark on its silent phase soon and expects to be completed by March 2018. Donations will be pursued from major donors, the legal community, corporations, and foundations. The 2017 Campaign for Equal Justice, with a goal of $200,000 is crucial to the Greater Dayton Volunteer Lawyers Project, Legal Aid of Western Ohio and Advocates for Basic Legal Equality because it provides for annual operating funds. The theme of the campaign is “By the Numbers.” “The reason is simple; the numbers make plain the magnitude of need, both met and unmet,” says Jeff Cox of Faruki Ireland & Cox P.L.L., who is campaign co-chair along with local attorney Lynn Reynolds. “We need your help. We need your participation to make the campaign a success.” While the United States is known around the world for its commitment to a democratic society and the Rule of Law, it is ranked low in the World Justice Project 2016 Rule of Law Index ; 94 out of 113 countries for accessibility and affordability of civil justice. The challenge begins locally. The annual campaign has not reached has failed its $200,000 goal for three years. Of 2,730 attorneys in our seven-county district, less than 200 gave to the campaign last year. Given limited funding, about 40 percent of local residents who requested legal assistance in noncriminal cases were turned away last year. “The 2017 Campaign for Equal Justice provides us with a real opportunity to support the Rule of Law locally by improving access to justice for low-income individuals in our own communities,” Lynn says. Donations may be mailed to Campaign for Equal Justice C/O ABLE, 130 W. Second St., Ste. 700, Dayton, OH 45402 and made online at www. campaign4equaljustice.org.

Upcoming Events

Lloyd H. O’Hara was the founder of legal aid in Dayton on April 14, 1967. Mr. O’Hara believed that everyone was entitled to access to justice. While serving as the Dayton Bar Association president, he proposed the start of legal aid in Dayton. He overcame a challenge by some past bar presidents when he received the support of the Bar’s members, according to a story in Dayton Barristers in the Second Half of the Twentieth Century. First established as the Dayton Legal Aid Society, the organization has grown into two separate non-profit legal aid firms, Legal Aid of Western Ohio (LAWO) and Advocates for Basic Legal Equality (ABLE). The organizations partner with the Greater Dayton Volunteer Lawyers Project (GDVLP).

Upcoming Activities in 2017 include the following:

- The Fairness and Justice Campaign: May 2017 - March 2018 - Campaign for Equal Justice - Law Day: May 1, 2017 - November 2017 - Premier of “Free to Ride” Feature-Length Community Activism Film: Summer 2017 - A Legal Aid Reunion Event: Summer 2017 - Justice on Tap! Warped Wing Brewing Company: October 2, 2017 - Access to Justice Awards Celebration @ Sinclair College: November 2, 2017

*For additional information, contact Karla Garrett Harshaw at 937-535-4432 or kharshaw@ablelaw.org

Photographed from Left to Right: Annual Campaign Chairs Jeff Cox and Lynn Reynolds, 50th Co-Chairs Bob Curry and Susan Bridgman and Lloyd O’Hara (courtesy of the DBA). 24

Dayton Bar Briefs May 2017



Celebration of Life Memorial Luncheon • Tuesday, May 9, 2017 To:

DAYTON BAR ASSOCIATION 600 Performance Place 109 N. Main St. Dayton OH 45402-1129

Please reserve _____ place(s) at $30.00 each.............. Total $______ Table (8)______at $240.00............................................ Total $______ -Please enclose a list of those attending-

Phone: 937.222.7902 Fax: 937.222.1308 NAME

Check # Enclosed: Charge my: VISA



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Signature PHONE www.daybar.org

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May 2017 Dayton Bar Briefs



i ls S for Legal Professiona

n ce

A The

oci atio n






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


Eichelberger Foundation Estabrook Charitable Trust

Faruki Ireland Cox Rhinehart & Dusing P.L.L. 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.

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

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.

Contact Bill Wheeler at bwheeler@daybar.org or 937.222.7902 for information about becoming a Annual Partner. 26

Dayton Bar Briefs May 2017


may '17 committee meetings Small Firm | Solo Practitioner Mon. May 1 @ Noon Juvenile Law Mon. May 1 @ 4pm Diversity Issues Tues. May 2 @ Noon Estate Planning Wed. May 3 @ 4pm YLD Wed. May 3 @ 5:30pm @ Offsite Federal Practice Mon. May 8 @ Noon Civil Trial Practice & ADR Tues. May 9 @ Noon Labor and Employment Tues. May 9 @ Noon Appellate Practice Wed. May 10 @ Noon Environmental Law Wed. May 10 @ Noon Domestic Relations Thurs. May 11 @ Noon Real Property Thurs. May 11 @ Noon Public Service Fri. May 12 @ 11:30am Criminal Law Wed. May 17 @ Noon Workers Comp Thurs. May 18 @ Noon


Join the DBA Join the Conversation Get Involved with a


Committee Involvement is Open to All Members of the Bar! Why not join a DBA Committee today? w GROW outside of monthly meetings, DBA Committees provide opportunities for leadership, volunteering and special events. w

Easy to CONNECT with colleagues.


LEARN as we keep you current on latest issues & trends impacting areas of law you care about most.


Over 30+ committees divided into Substantive, Administrative and Service categories. Contact Carol for Committee details: cblevins@daybar.org | 937.222.7902

May 2017 Dayton Bar Briefs



The DBA in Partnership with The Human Race Theatre and the University of Dayton School of Law is pleased to bring you...

THURGOOD Special performance with CLE credit!

Easy to Register: Go Online www.daybar.org! Wednesday, May 3, 2017 | Cost $40 1.0 General CLE hour (credit pending) AGENDA: - 5:30pm Registration - 6:00pm THURGOOD - 7:30-8:30pm Panel Discussion On "THURGOOD: The Law is My Weapon"


Dr. Lawrence Burnley Vice Pres. for Diversity and Inclusion, University of Dayton The Honorable Walter H. Rice Senior Judge, U.S. District Court for Southern Dist.of Ohio

show reviews from the press:

The Honorable Nathaniel R. Jones Retired Judge, U.S. Court of Appeals for the Sixth Circuit


"The plain facts inevitably stir powerful feelings - of admiration for his steadfast championing of the ill-used, of delight in his ability to find humor in dark circumstances, of dismay at the recalcitrance of institutional discrimination in America ... the heroism of Marshall's life's work and the hard-fought civil-rights victories achieved under his stewardship are truly uplifting. As I left, I found myself misty eyed, recalling a celebrated line from a speech by the Rev. Dr. Martin Luther King Jr. that I have always found moving, in which he cites a belief that "the arc of the moral universe is long, but it bends toward justice."

Thurgood Marshall is widely known for his successful advocacy in the 1954 United States Supreme Court case of Brown v. Board of Education (holding that state laws assigning students to separate schools by race were unconstitutional) and for his subsequent appointment in 1967 as the first African-American Supreme Court Justice. The Human Race Theatre production of Thurgood, by George Stephens, Jr., provides a broader picture of Marshall and his stunning accomplishments as a lawyer, his work as a Justice, and his continuing legacy in education, voting rights, and the American criminal justice system. This event is intended to provide context for and understanding of the legal and social issues raised in Thurgood.

Easy to Register: Go Online www.daybar.org/cle/calendar


Dayton Bar Briefs May 2017


About THURGOOD: The Law Is My Weapon Panel Discussion & DBA CLE Event Wednesday, May 3, 2017 By Susan Newhart Elliott Associate Professor and Director of the Law Library University of Dayton School of Law


hurgood Marshall is widely known for his successful advocacy in the 1954 United States Supreme Court case of Brown v. Board of Education (holding that state laws assigning students to separate schools by race were unconstitutional) and for his subsequent appointment in 1967 as the first AfricanAmerican Supreme Court Justice. The Human Race Theatre production of Thurgood, by George Stephens, Jr., provides audiences with a broader picture of Marshall, his remarkable life, his stunning accomplishments as a lawyer, his work as a Justice, and his continuing legacy in education, voting rights, and the American criminal justice system. Stephens' portrait of Marshall is a one-man show, framed as a talk given by Marshall at Howard Law School, after his retirement from the Supreme Court. The talk is retrospective, providing a compelling history both of Marshall's own life and of American law, race, and racism in the twentieth century. Marshall's personal experiences, and often his own words, are effectively woven into the narrative. Thurgood Marshall was born in 1908, only twelve years after the United States Supreme Court decided Plessy v. Ferguson, 163 US 537 (1896), the Louisiana railroad accommodations case familiar to every law student as having legitimized the doctrine of "separate but equal" and permitting segregation by race in public facilities. Thurgood explores the legal, social, and person effect of the doctrine as Marshall relates many of his own separate – and very unequal – experiences. Marshall's mother was a teacher, earning 40% less than her white counterparts and, unlike them, expected to scrub the floors of the classroom each evening. Marshall's father and uncle were waiters. While Marshall attended the "colored high" in Baltimore, he worked as a railroad dining car waiter to earn money for the college education his mother determined her bright, argumentative and outspoken son should have. One of his high school teachers, attempting to discipline him, would send him to the furnace room and require him to memorize some part of the United States Constitution. By his senior year, he knew the entire work by heart. Marshall then attended the all-black Lincoln University. A contentious, separatewww.daybar.org

and-unequal experience in a move theater and exposure to serious students at Lincoln, like Langston Hughes, changed Marshall from fun-loving ladies' man to activist. He applied to the University of Maryland Law School, which was a trolley ride away from his house in Baltimore. His application was refused – because of his race. The school would not accept applications from African Americans. His only choice was Howard University in Washington, D.C. He discovered many years later that his mother pawned her engagement ring and wedding band to help cover the expenses. The great Charles Hamilton Houston had just taken over Howard Law School when Marshall arrived. Houston had been an officer in the Army in World War I and was the first African-American editor of the Harvard Law Review. It was Houston who would instill in Marshall the credo that "the law is a weapon if you know how to use it," which directed Marshall's entire legal career. It was Houston who would involve Marshall in using the law to fight racial injustice, hiring him to work in the legal department of the N.A.A.C.P. A ninety-minute performance cannot possibly explore all the significant moments in Marshall's long career as a practicing lawyer and jurist. Gilbert King's The Devil in the Grove: The Groveland Boys and the Dawn of New America (Harper Collins 2012) communicates more completely the terrifying personal danger Marshall routinely faced in the South, in both civil rights litigation and in his representation of indigent criminal defendants. Wil Haygood's Showndown: Thurgood Marshall and the Supreme Court Nomination That Changed the World (Alfred A. Knopf 2015) provides a more complete understanding of the depths of the racial animus that fueled the opposition to Marshall's appointment as Justice of the Supreme Court. The power of the theatrical performance is in portraying the human side of Marshall. It is important to history to recall the continuing dangers and hatred that were directed at a man who used law as his weapon, but for Marshall, the victories were far important than the dangers. In Thurgood, he reminisces about those victories that have meant the most to him.

Alan Bomar Jones as Thurgood Photo Courtesy of Scott J. Kimmins Some victories, like Smith v. Allwright, 321 U.S. 649 (1944), a Texas voting rights case, brought oppressed people justice and the opportunity to participate in the governance of the United States. Some victories had very personal associations, bringing equal pay to all teachers in the schools where his mother taught or, like Pearson v. Murray, 169 Md. 478, 182 A. 590 (1936), ordering the University of Maryland Law School to admit African American students on the same basis as white students. The landmark case of Brown v. Board of Education, 347 U.S. 483 (1954), argued by Marshall had both the lasting public significance and the personal associations. Marshall had instituted the a companion case in South Carolina behalf of the family of a little boy whom Marshall saw walking five miles to and from school each day because the closer public school was not open to him and the schools would provide no bus. The Human Race production of Thurgood does every justice to the vision and writing of author George Stevens, Jr., and to Marshall himself. Alan Bomar Jones, who stars in the production, has the voice, the presence, and the stature to handle the role of Marshall superbly. Attending a performance, as theater and as history, is time well spent. There will be a special performance on Wednesday, May 3, at 6:00 p.m., in cooperation with the Dayton Bar Association and the University of Dayton School of Law, immediately followed by a panel discussion (CLE credit approval pending). Panel members include the Honorable Nathaniel R. Jones, retired judge for the United States Court of Appeals for the Sixth Circuit and former Assistant General Counsel for the NAACP; the Honorable Walter H. Rice, Senior Judge, United States District Court for the Southern District of Ohio; and Dr. Lawrence A.Q. Burnley, Vice President for Diversity and Inclusion at the University of Dayton. Tickets for this very special evening are $40.00 (including CLE) .

May 2017 Dayton Bar Briefs



A Follow Up From 2016's Article

Alternatives to Incarceration ""F

rom the Judge’s Desk,” article, I wrote about the importance of alternatives to incarceration for criminal offenders. Alternatives to incarceration have become a popular approach to deal with the joint problems of increased prison populations as well as increased recidivism rates for those released from prison. These alternatives address the need to reduce these problems while maintaining public safety and limiting state expenditures. At the time of that article, one alternative, a day reporting center, was being planned by our Court. With a lot of hard work from our probation department and the agencies and entities involved, the Montgomery County Day Reporting Center opened on January 9, 2017. The story of how we got to this point began many years ago. The Day Reporting Center is housed on the Bennet J. Cooper Complex. This campus began in 1994 as the Montgomery Education and Prerelease Center, run by the Ohio Department of Rehabilitation and Corrections (ODRC). Needs changed, programs were moved, and in 2014 the Common Pleas Court had its first significant collaboration with ODRC when the Men’s STOP Program (The Secure Transitional Offender Program, which began July 29, 2002) moved to one half of the ECHO Building in a joint effort between the Adult Probation Department and ODRC from whom the building is leased. By 2015, the judges of our court felt strongly that a Women’s STOP program was needed. Without local funds available, the Court applied for and received a Probation Improvement Incentive Grant (PIIG) from the Ohio Office of Criminal Justice Services to add 48 female beds to STOP in October 2015—filling the other half of the ECHO Building. STOP was originally started in 2002, in part, because of jail overcrowding due to the crack cocaine explosion in the 1990’s. The recent heroin epidemic of the last 5 or so years continues to cause problems, not just within the criminal justice community, but the community as a whole—with Dayton being designated the “epicenter of the heroin problem,” by the Washington Post. As we all learned from the crack epidemic—perhaps a bit late—we cannot solve our drug problems by sending more people to prison. So, alternatives to incarceration, the STOP Program and the MonDay Program (also on the Cooper complex and run by the state), came into play. Looking at what programs were available, and seeing how insidious and controlling heroin addiction is, other options were explored, and the Day Reporting concept for Montgomery County began to formulate. In October, 2015, the process began as ODRC agreed to remodel the Bravo Building, which would be leased to the Common Pleas Court for the Center. The Day Reporting Center is defined as “an on-site cognitive restructuring program designed to change an offender’s adverse thinking patterns, provide substance abuse/mental health treatment, educational/job training, and other social services.” It is our intent that the Day Reporting Program’s activities will reduce offender re-arrests, assist offenders in successful re-entry by providing needed services, and increase public safety by holding offenders accountable. In plain language, the Day Reporting Center is a one-stop shop


Dayton Bar Briefs May 2017

By Hon. Barbara P. Gorman Montgomery Cty Common Pleas Court

for our clients, another step on our continuum of care, counseling and sanctions, and another sentencing option. An offender can be required to attend the Day Reporting Program as a condition of community control sanctions from 30 to 180 days to address any number of need areas, including: substance abuse, mental health, primary medical care, employment, education, medical insurance, Medically Assisted Treatment (MAT), drug/alcohol use monitoring, and housing to name a few. As of this writing, we have been in existence for less than 3 months. Yet, a number of agencies are already on board and dealing with clients at the Day Reporting Center. Cornerstone Project, Nova House, Addiction Services, Eastway, Recovery Works, DayMont Behavioral, Samaritan Behavioral Health and CAM(Consumer Advocacy Model) provide substance abuse and/or mental health treatment. Caresource Life Skills and Montgomery County Job and Family services provide lifeskill and wraparound services. One of our most successful projects is been our pilot literacy program run by the Brunner Literacy Center as part of an Incentive Grant the Common Pleas Court received from the Ohio Supreme Court. This program began at the STOP Program when residents began to be tutored on August 16, 2016. When the Day Reporting Center opened on January 9, 2017, the Brunner Literacy Center began tutoring out of that facility. By the end of April, the volunteers will have tutored over 90 offenders. Five of the participants have already obtained their GED and two more are scheduled to take their exams by the end of the month. The obtaining of a GED was not something that was predicted. Without the assistance of the Brunner Literacy Center and its volunteers, this would not have been possible. There is actually a waiting list to participate in the tutoring at the Day Reporting Center. Brunner staff has told us that they could use additional volunteers to serve more clients. If anyone who is reading this article is interested in volunteering to tutor or who knows someone who is interested in tutoring, please call Kateri or Barb at (937)369-0872. Training is provided before you begin tutoring, and we can use more volunteers. The clients are most appreciative of the tutoring they receive. The reading skills they are acquiring are making a difference in their lives. Another pilot project which may be unique to the Day Reporting Center is a joint venture with the Volunteer Lawyers Project (VLP) and the Montgomery County Public Defender’s Office. Each will be providing legal services to clients not directly related to their criminal cases. Monthly clinics will be held on the grounds of the Day Reporting Center. The VLP will be assisting clients with child support, child custody and visitation applications, domestic relations matters, and debt collection defense. Representatives from the Public Defender’s Office will meet with clients to primarily assist with driver’s license issues, a major problem with probationers. This project started with the VLP having held its first clinic on March 31st. In that one session, 7 individuals were helped completing forms to file pro se for custody; 8 individuals were provided counsel and continued on page 33



Sustaining Members

The DBA strives to be a leader in the Dayton community by continuing the legacy of excellence in the legal profession via development opportunities, quality programming on substantive issues, and guidance through ethical and professional issues. The DBA Association would not be the strong organization that it is without members like you and the additional support provided by our sustaining members. Sustaining Memberships help enable the DBA, to provide new initiatives/programs and provide a greater sense of community amongst our attorneys. A voluntary annual contribution of $75. If you are interested in becoming a Sustaining Member, simply indicate your contribution(s) on your membership form and return your payment or become a Sustaining Member at: www.daybar.org. The DBA would like to acknowledge the contributions made by the Sustaining Members for the 2016-2017 fiscal year. With voluntary payments over and above normal dues, Sustaining Members are essential to the work of the Dayton Bar Association. The funds provided by their membership allow continued support of programs and services that benefit members, the Greater Dayton legal community, and the legal profession. Thank you to our Sustaining Members for the 2016-2017 Bar year:

Honorary Sustaining Once deemed an Honorary Member of the Association, the member is exempt from the payment of dues. However, there are those who take their honorary status in title only and continue to support the Association with contributions. We wish to thank and recognize the following exemplary members: Joseph P. Buchanan Esq. Hon. William A. Clark Robert J. Hadley Ralph E. Heyman Esq. Richard M. Hunt Esq. Thomas E. Jenks Esq. William H. Macbeth Esq. Hon. Walter Herbert Rice William A. Rogers Jr. Esq. Marshall D. Ruchman Esq. Jon M. Sebaly Esq. Charles W. Slicer Sr. Esq. Joseph V. Tassone Esq. Louis E. Tracy Esq.

Sustaining Members Hon. Dennis J. Adkins Charles F. Allbery III Esq. James T. Ambrose Esq. Debra B. Armanini Esq. Kevin W. Attkisson Esq. Gary W. Auman Esq. Theresa A. Baker Esq. Rebecca A. Barthelemy-Smith Esq. Richard J. Beckmann Esq. Harry G. Beyoglides Jr., Esq. Amy R. Blair Esq. Susan Blasik-Miller Esq. Robert M. Blue Esq. Gary M. Blumenthal Esq. Randall N. Bothmann Esq. Richard A. Boucher Esq. Karen D. Bradley Esq. Dwight D. Brannon Esq. Joan B. Brenner Esq. Matthew D. Bruder Esq. www.daybar.org

Ronald L. Burdge Esq. Sam G. Caras Esq. Frederick J. Caspar Esq. Robert L. Caspar Jr. Esq. William O. Cass Jr. Esq. Mark R. Chilson Esq. Charles A. Claypool Esq. John M. Cloud Esq. Brett L. Coakley Esq. Rebecca A. Cochran Esq. Brooks A. Compton Esq. W. Michael Conway Esq. Christopher F. Cowan Esq. Jeffrey T. Cox Esq. Dale E. Creech Jr. Esq. F. Ann Crossman Esq. Mag. John A. Cumming Robert M. Curry Esq. Wayne H. Dawson Esq. James D. Dennis Esq. Larry J Denny Esq. Richard G. Denny Esq. Karen R. Dillon Esq. Martina M. Dillon Esq. Stephanie D. Dobson Esq. Marilyn R. Donoff Esq. Daryl R. Douple Esq. Jenna M. Downey Esq. Hon. Frederick W. Dressel Trisha M. Duff Esq. Michael E. Dyer Esq. Joseph R. Ebenger Esq. William B. Elliott Esq. Douglas A. Fannin Esq. Charles J. Faruki Esq. Jonathan E. Faulkner Esq. Benjamin D. Felton Esq. Francesco A. Ferrante Esq. James L. Finefrock Esq. Patrick A. Flanagan Esq. Canice J. Fogarty Esq. Martin A. Foos Esq. Neil F. Freund Esq. Gary L. Froelich Esq. Carmine M. Garofalo Esq. Charles F. Geidner Esq. Caroline H. Gentry Esq. Daniel J. Gentry Esq.

Mark E. Godbey Esq. Michael A. Ledbetter Esq. Hon. Barbara P. Gorman William J. Leibold Esq. Gary W. Gottschlich Esq. Gary J. Leppla Esq. David B. Grieshop Esq. Dennis A. Lieberman Esq. Ted Gudorf Esq. Richard A. F. Lipowicz Esq. Dennis E. Gump Esq. L. Anthony Lush Esq. Christine M. Haaker Esq. Michelle M. Maciorowski Esq. David A. Haffey Esq. Barry W. Mancz Esq. Hon. Michael T. Hall Douglas A. Mann Esq. Paul G. Hallinan Esq. Laura G. Mariani Esq. Laura G. Harrelson Esq. David W. Marquis Esq. Jennifer Hann Harrison Esq. M. Todd Marsh Esq. Aaron P. Hartley Esq. Laura J. Martin Esq. James K. Hemenway Esq. Dianne F. Marx Esq. Lawrence W. Henke lll Esq. Craig T. Matthews Esq. R. Mark Henry Esq. Ronald J. Maurer Esq. Hon. James A. Hensley Jr. Hon. Frances E. McGee J. Michael Herr Esq. Hon. John M. Meagher James P. Hickey Esq. Hon. Michael R. Merz Stanley A. Hirtle Esq. Adam R. Mesaros Esq. Jonathan Hollingsworth Esq. David P. Mesaros Esq. Carol Jacobi Holm Esq. Stephen D. Miles Esq. Steven B. Horenstein Esq. Michael Bramlett Miller Esq. Hon. Mary Katherine Huffman John R. Mohr Esq. Kenneth J. Ignozzi Esq. Brian A. Muenchenbach Esq. Thomas J. Intili Esq. Hon. Michael J. Newman D. Jeffrey Ireland Esq. Bruce I. Nicholson Esq. David E. Izor Esq. Victoria L. Nilles Esq. Matthew R. Jenkins Esq. Wayne P. Novick Esq. William A. Jividen Esq. Hon. Timothy N. O'Connell Keith R. Kearney Esq. Alvarene N. Owens Esq. Thomas W. Kendo Jr. Esq. Bryan K. Penick Esq. Richard A. Killworth Esq. Timothy G. Pepper Esq. Scott A. King Esq. Maureen Pero Esq. Tami Hart Kirby Esq. Nathaniel S. Peterson Esq. James R. Kirkland Esq. Hon. James D. Piergies Richard G. Knostman Esq. John D. Poley Esq. Thomas A. Knoth Esq. Vincent P. Popp Esq. Julia C. Kolber Esq. Robert E. Portune Esq. Channing M. Kordik Esq. Cara W. Powers Esq. James G. Kordik Esq. Thomas G. Rauch Esq. Edward M. Kress Esq. Sherri L. Richardson Hon. Michael W. Krumholtz John Paul Rieser Esq. Konrad Kuczak Esq. Hon. Adele M. Riley Judith A. LaMusga Esq. John H. Rion Esq. Hon. Dennis J. Langer Jon Paul Rion Esq. Laurence A. Lasky Esq. Edward N. Rizer Esq. Erin M. Laurito Esq. Paul B. Roderer Jr. Esq.

John M. Ruffolo Esq. Marybeth W. Rutledge Esq. Jason J. Saldanha Esq. B. Joseph Schaeff Esq. Seth W. Schanher Esq. Steven P. Schmidt Esq. Alfred W. Schneble III Esq. Carl D. Sherrets Esq. Thomas W. Simms Esq. Hon. Gregory F. Singer Hon. Richard S. Skelton Ralph A. Skilken Jr. Esq. Charles W. Slicer lll. Esq. John A. Smalley Esq. Bradley C. Smith Esq. Edward M. Smith Esq. John D. Smith Esq. R. Todd Smith Esq. Brian A. Sommers Esq. Mary K.C. Soter Esq. Lu Ann Stanley Esq. Mark E. Stone Esq. Jeffrey A. Swillinger Esq. Joseph R. Tafelski Esq. Thomas B. Talbot Jr. Esq. Jennifer D. Theibert Esq. Maxine S. Thomas Esq. Ira H. Thomsen Esq. Merideth A. Trott Esq. Hon. Michael L. Tucker Mark A. Tuss Esq. Timothy N. Tye Esq. Paul M. Ulrich Esq. Michelle S. Vollmar Esq. H. Charles Wagner Esq. Geoffrey P. Walker Esq. Joseph W. Walker Esq. Robert C. Walter Esq. Brian D. Weaver Esq. George L. Wenz lll Esq. Ellen C. Weprin Esq. James I. Weprin Esq. Thomas P. Whelley ll Esq. Mathew E. Willenbrink Esq. Jeffrey A. Winwood Esq. Hon. Mary L. Wiseman Michael L. Wright Esq. Patricia A. Zimmer Esq. May 2017 Dayton Bar Briefs


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FROM THE JUDGES DESK: Alternatives to Incarceration continued from page 30 advice; and, applications were accepted from 6 individuals who will be given services upon release. The Public Defender’s Office held its first session in April. Any lawyers interested in volunteering for these projects should call either Kelly Henrici at VLP, or Rudy Wehner at the Public Defender’s Office. And so, the Day Reporting Center is off to a good, solid start. The Probation Staff is working tirelessly to bring it to its full potential. I would like to thank them all for the hours of work they have put into this project. I am also asking the members of the bar,” how about volunteering some of your time?” If you would like to use your legal skills, we have a place for you. If you would like to do something else, like tutoring, we can accommodate you, too. If you would like to tour the facility, call Jim Yerkins at (937)496-6596. Many of the members of our bar do an amazing job of representing defendants as they appear before the court to face their charges. Now, you have a unique opportunity to positively affect the lives of some of those same people after they have either pleaded guilty or been found guilty of their offenses by helping them reemerge into society as law-abiding citizens. Think about it.


R OUR EER FO TS! T N U L VO EN ING EV . UPCOM is for details r h C t Contac

The next Wills for Heroes will be held:

Saturday, June 3, 2017 Montgomery Cty Sheriff, Regional Training Ctr 6722 Webster St, Vandalia, OH 45414 Training will begin at 8:30 Appointments will be 10am – 2pm. *Contact Chris: calbrektson@daybar.org 937.222.7902

May 2017 Dayton Bar Briefs



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Dayton Bar Briefs May 2017

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May 2017 Dayton Bar Briefs


law-related organizations Dayton Bar Association Foundation

DBA Members Generously Giving on Behalf of the Legal Community


n behalf of the Greater Dayton Legal Community, the Dayton Bar Association Foundation accepts funding from DBA Members, Foundation Fellows, Friends of the Foundation and directed contributions to established special purpose funds. The Foundation funds are then granted, on behalf of the DBA Members to a wide variety of programs and charitable activities aligned with the Foundation’s mission and purpose. Through member contributions, the DBA Foundation makes a much-needed impact on a variety of local law-related projects and organizations, as well as, as well as, improves the public perception of legal professionals. DBA Members give back to the community, in which they live and work, through contributions to Your Foundation. Contributions may be directed to any of the following:

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Write, Call or Email: William B. Wheeler, Executive Director Dayton Bar Association Foundation 600 Performance Place 109 N. Main Street Dayton, Ohio 45402 Phone: (937) 222-7902 Email: bwheeler@daybar.org

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beneficiary of a life insurance policy.

Greater Dayton Volunteer Lawyers Project 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 By Fax: to (937) 461-4731 By Phone: (937) 461-3857 By E-mail: kelly@gdvlp.org Name:________________________________________________ Firm:_________________________________________________ Address:______________________________________________ Preferred County for Pro Bono Service:_____________________ Phone:_______________________ Fax:____________________ Email:________________________________________________ Attorney Registration #:__________________________________

As of January 1, 2014 every 6 hours of pro bono service through an approved pro bono provider will give you 1 hour of CLE credit to a maximum of 6 hours of CLE credit (36 hours of pro bono). The Greater Dayton Volunteer Lawyers Project will send your hours to the Ohio Supreme Court and notify you of the same. 36

Dayton Bar Briefs May 2017


Thurgood Marshall Law Society The DBA in Partnership with The Human Race Theatre and the University of Dayton School of Law is pleased to bring you...

THURGOOD Special performance with CLE credit! Easy to Register: Go Online www.daybar.org!

Wednesday, May 3, 2017 | Cost $40 | The Human Race Theater 1.0 General CLE hour (credit pending) AMAZING PANEL: Dr. Lawrence Burnley: Vice Pres. for Diversity and Inclusion, UD The Honorable Walter H. Rice: Senior Judge, U.S. District Ct for Southern Dist.of Ohio The Honorable Nathaniel R. Jones: Retired Judge, U.S. Ct of Appeals for the Sixth Circuit

Easy to Register: Go Online www.daybar.org!

SYNOPSIS: The Human Race Theatre production of Thurgood, by George Stephens, Jr., provides a broader picture of Marshall and his stunning accomplishments as a lawyer, his work as a Justice, and his continuing legacy in education, voting rights, and the American criminal justice system. This event is intended to provide context for and understanding of the legal and social issues raised in Thurgood.

University of Dayton School of Law

March 2017 Dayton Bar Briefs


members on the move If you are a member of the Dayton Bar Association 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. Submit your Members on the Move announcements, for consideration, by the 5th day of the month prior to publication (i.e. April 5th for inclusion in the May 2017 Dayton Bar Briefs). Please send to DBA Publications Manager, Shayla M. Eggleton: publications@daybar.org. Please submit address changes to Carol Blevins: cblevins@daybar.org.




Attorney ADAM KRUMHOLZ of Krumholz Law Office, a Dayton, Ohio-based law firm, is pleased to announce that the office has moved to its new location on April 1, 2017. Krumholz Law’s address will be 120 West Second Street, Suite 1600, Dayton, Ohio 45402. The Krumholz Law Office was founded in 2008 in Dayton, Ohio, on the principle that everyone deserves quality and reliable legal representation. Krumholz Law is dedicated to providing the highest quality legal representation to clients in the Miami Valley. More information is available about the firm at www.krumholzlawoffice.com.

Dinsmore & Shohl LLP’s DONNA TWEEL has been admitted to the Bar of the United States Supreme Court. Tweel was sworn in with a group that represents the UDSL Class of 1990 and other alumni. To be considered for admittance to the bar, attorneys must have an active state license, a certificate of good standing for three years, and statements from two sponsors. Attorneys practicing before the high court must be admitted to the Bar of the Supreme Court. Members also have their own section in the courtroom and have access to the court’s library. “Everything about the entire experience was awe inspiring. Meeting Justice Kagan on an informal basis, the magnificent Supreme Court Chambers, being in the Chambers during the reading of two decisions from the bench, and the opportunity to stand directly in front of and in close proximity to the Justices, the greatest legal minds in our nation, was an honor and a once in a lifetime experience that I will always remember,” said Tweel, a member of the firm’s corporate, healthcare and intellectual property practice groups.

On April 4, 2017, TAFT STETTINIUS & HOLLISTER LLP announced a new industry leading parental leave policy for its attorneys. Effective immediately, the firm is providing all Taft attorneys with 16 weeks of paid parental leave for birth or adoptive parents. The policy applies regardless of gender, marital status or primary versus non-primary caregiver status. The only requirement under the policy is that a Taft attorney be one of the parents of a newborn or newly adopted child. Paid parental leave is available to Taft attorneys from the first day of employment at Taft. The new policy is a significant increase from the firm’s previous attorney package, which offered 12 weeks of paid leave to a Taft attorney who is the child’s primary caregiver and two weeks of paid leave to a Taft attorney who is not the child’s primary caregiver. “We significantly enhanced our parental leave policy in our continuing effort to be the employer of choice in each of our markets and to support our attorneys with this commitment to family,” said Taft’s Chairman and Managing Partner Robert J. Hicks. “This is one of several initiatives we are undertaking to ensure a good work/life balance for our attorneys and to promote a modern, flexible and inclusive workplace.” For attorneys, the firm’s new parental paid leave policy is among the most expansive packages offered among law firms. Per the Association of Legal Administrators (ALA) 2016 Compensation Survey, private law firms in the U.S. offer on average eight weeks of parental leave for primary caregivers and four weeks for non-primary caregivers. Comparatively, firms in the Midwest offer on average eight weeks of parental leave for primary caregivers and six weeks for nonprimary caregivers.

save the date THURGOOD The Human Race Theater Wed. May 3, 2017 Celebration of Life Memorial Luncheon Sinclair College, Bldg. 12 Wed. May 9, 2017 Women in Law Forum Reception DBA Seminar Room Thurs. May 11, 2017 Chancery Club Luncheon + Liberty Bell Awards The Old Courthouse Fri. May 12, 2017 Crisis Communications Seminar Thurs. May 18, 2017 New Lawyer Training: Core Components Tues. May 23, 2017 Wills for Heroes Montgomery Cty Sheriff, Regional Training Ctr 6722 Webster St, Vandalia, OH 45414 Sat. June 3, 2017 DBA Annual Meeting Fri. June 9, 2017 Criminal Law Certification Fri. June 16, 2017


Dayton Bar Briefs May 2017

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EXPERIENCED DIVORCE LAWYER SOUGHT Holzfaster, Cecil, McKnight & Mues has an opening for a lawyer with preferably 3+ years experience in Domestic Relations work. Some present book of business is a plus. Please send resume to Chip Mues at lawdayton@gmail. com. LOCAL COURT RULES 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. MEDIATION/ARBITRATION William H. Wolff, Jr., LLC Retired Trial and Appellate Judge Phone: (937) 293-5295; (937) 572-3185 judgewolff@woh.rr.com



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Fastcase research and free online webinars:


FREE WEBINARS! Introduction to Legal Research on Fastcase Thu. May 4 1:00 - 2:00pm EDT Thu. Jun 1 1:00 - 2:00pm EDT

Advanced Legal Research on Fastcase Thu. May 11 1:00 - 2:00pm ED Thu. Jun 8 1:00 - 2:00pm EDT

Introduction to Boolean (Keyword) Searches Thu. May 18 1:00 - 2:00pm EDT Thu. Jun 15 1:00 - 2:00pm EDT

OFFICE AVAILABLE Downtown Dayton office with great view available. Reasonable overhead. If interested contact Daryl R. Douple or Harry G. Beyoglides, Jr. at (937) 224-1427.

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May 2017 Dayton Bar Briefs


Dayton Bar Association 600 Performance Place 109 N. Main St. Dayton, OH 45402–1129 ADDRESS SERVICE REQUESTED


Profile for Dayton Bar Association

May 2017  

May 2017