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The Magazine of the Dayton Bar Association | MAY 2018 | Vol. 67, No. 9


Bar Briefs 2018 DBA

Celebrating Our Legacy and Embracing Our Future Thursday, June 14, 2018 l 5:30pm | | Sinclair College u

Barrister of the Month Anne P. Keeton Esq. pg 6

#METOO The Speakout Evolution pg 20


Rising Star Kate Epling Esq. pg 24



Bar Briefs

May 2018 | Vol. 67, No.9

Dayton Bar Association Board of Trustees 2017 – 2018

Brian L. Wildermuth President

David P. Pierce First Vice President

Hon. Mary L. Wiseman Second Vice President

Cara W. Powers Secretary

Jonathon L. Beck Treasurer

By The Honorable Mary L. Wiseman, DBA Second Vice President



By Jamar T. King Esq.





By Sarita L. Simon Esq.

Getting Reckless

By Michael P. Dailey Esq. Babysitter Needed? Advising Clients On Leaving Children Home Alone

Cassandra L. Andres Rice


#METOO: The Speakout Evolution

Angelina N. Jackson


What Is Digital Inheritance And What Do Your Assets Mean To You?

Member–at–Large Member–at–Large

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

Fredric L. Young Member–at–Large

Susan D. Solle

Immediate Past President

John M. Ruffolo, ex officio Bar Counsel

Sally Dunker, ex officio Executive Director

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


Features 4 TRUSTEES MESSAGE Celebrating Team Work in the Legal Profession

Dayton Bar Briefs May 2018

By Karen T. Dunlevey Esq.

By Andrew L. Rossow Esq.




FROM THE JUDGES DESK Day Reporting Program

By Nadia A. Klarr Esq.

By The Honorable Barbara P. Gorman


Tues. May 15th | Doors open 11:30am | Sinclair Community College



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Thurs. June 14th | Doors open at 5:15pm | Sinclair Community College


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May 2018 Dayton Bar Briefs



Celebrating Team Work in the Legal Profession By Hon. Mary L. Wiseman Montgomery Cty Common Pleas Court DBA Second Vice President


he basketball games of March Madness spotlight teamwork and the importance of team chemistry. Coaches, players, assistants, managers and trainers combine into a cohesive, coordinated effort to achieve the team’s goal. In other words, the competing teams replicate what law offices and courts do all day, every day. The legal system and its participants rarely operate on the skill or charisma of a single person. Every court appearance, deposition, hearing, negotiation, or corporate deal reflects teamwork. Fittingly, April 25, 2018 is designated as Administrative Professionals’ Day. This day celebrates our indispensable team members playing key roles behind the scenes, but often going unheralded. While attorneys and judges often receive the attention or spotlight, the reality is that they are but one player on the roster. Without administrative professionals and others, frankly, the work of the legal system would quickly seize to a halt. Despite that key role by administrative professionals in our work, we sometimes fail to thank, appreciate, and reward them appropriately. “National Secretaries Day” began in 1952 as a marketing tool to recruit more workers into the field. The post-war business boon, a post-depression era dip in population, and societal barriers had created a shortage of office personnel in that era. In 2000, the celebration was renamed Administrative Professionals’ Day to account for the wide scope of job responsibilities and diverse job descriptions given to administrative support personnel in our modern workforce. When I began the practice of law, I had no idea of how to actually file and serve a complaint. I could draft a complaint, but getting it from my desk to a distant federal court clerk and served on an opponent was a mystery to me. Even the more experienced lawyers in my firm did not know all of the mechanics. Thankfully, numerous administrative professionals guided, trained, and helped me learn the ropes. They brought their career expertise to many tasks performed in the law office. They also served, at times, as my therapists, career advisors, firm grapevine, and cheerleaders. They were and are my professional equals, friends, and teammates. We worked hard to be a great team, each with a different, but no less essential, skill set to contribute. I dare not try to thank all of my former teammates by name in this article, for fear of inadvertently omitting an important player. Nonetheless, my deepest thanks to all of you. While working together, we laughed. Sometimes we cried (or at least I cried on your shoulder). Occasionally, we argued. At times, you expressed a strong desire to kill me. You impressed upon me that your important work never got completed faster nor more accurately through my tendency to hover over your shoulder when we were trying to make a deadline. You reminded 4

Dayton Bar Briefs May 2018

me to do my timesheets. Never a day went by when you did not bring your A-game. You allowed me to practice my craft while supported by an experienced, well trained, and professional staff. You made my personal career success possible. I never told you enough how grateful and appreciative I was and am for your invaluable contribution to our team’s efforts and my law career. Knowing that we all work as members of various teams, I encourage our community’s lawyers and judges to tell the administrative professionals working with them thanks for a job well done. The behind the scenes administrative work gets the bills paid, the hearings scheduled, and the briefs typed and filed. That work is a hard grind and usually underpaid, given its importance. Saying thank you is a small but meaningful reward to an attorney’s or judge’s staff. The best performing teams appreciate the skill and effort of every team member, no matter how diverse. In our frenetic business, we sometimes forget to show our appreciation for all of the efforts and assistance of others. On April 25th (and/or any/ every day of the year), thank your administrative staff for their career excellence as a member of your legal team. In doing so, you will be fulfilling some sage advice given by the legendary UCLA basketball coach, John Wooden. Coach Wooden, also known as the Wizard of Westwood, won ten NCAA national basketball championships in twelve years, including a record seven in a row, among other accomplishments. Here are his Nine Promises That Can Bring Happiness, quoted from his book, Wooden: A Lifetime of Observations and Reflections On and Off the Court: 1. Promise yourself that you will talk health, happiness, and prosperity as often as possible; 2. Promise yourself to make all your friends know there is something in them that is special and you value; 3. Promise to think only of the best, to work only for the best, and to expect only the best in yourself and others; 4. Promise to be just as enthusiastic about the success of others as you are about your own; 5. Promise yourself to be so strong that nothing can disturb your peace of mind; 6. Promise to forget the mistakes of the past and press on to greater achievements in the future; 7. Promise to wear a cheerful appearance at all times and give every person you meet a smile; 8. Promise to give so much time to improving yourself that you have no time to criticize others; and 9. Promise to be too large for worry, too noble for anger, too strong for fear, and too happy to permit trouble to press on you. In other words, as Coach Wooden would say, seek opportunities to show you care, because the smallest of gestures often make the biggest difference.


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May 2018 Dayton Bar Briefs



Anne P. Keeton Esq.

A Passion for The Profession


ormer University of Kentucky Men’s Basketball Coach Tubby Smith has a lot of famous quotes. One of his most memorable quotes came when he turned the tables on a reporter and asked: Do you have a passion for what you do and do you love what you do? If you don’t, then it can be drudgery, it can be hard, it can be work. But when you find something that you enjoy a lot, then you’re more willing to sacrifice a lot of things in order to become successful[.]

Anne and I met on what I thought was an early Saturday morning, but a few minutes into our conversation I learned that Anne and I had different definitions of “early Saturday morning.” Anne had already managed to get all of her sons’ friends home after a sleepover, run a few errands, drive all the way downtown from her home in Kettering to meet with me, and squeeze in a few hours of work along the way. While sitting there in that bustling downtown coffee shop listening to the enthusiasm with which she spoke about her work, it was beyond evident that Anne Keeton loves what she does. She has a passion for our profession. Anne grew up in Kentucky around very strong women. Her mother, Sylvia Cherry, a former English teacher, was very smart and intellectual. Her grandmother, Edith Cherry, was very independent and the only one of her siblings to venture out of her hometown. Her other grandmother, Louise Salem, was graceful yet tough. Her charm hid a “will of tensile steel.” Finally, there was Anne’s neighbor growing up, Agnes Riley. Agnes was a chemist and professor. While teaching courses at a major university 6

Dayton Bar Briefs May 2018

during World War II, she weathered great adversity from an administration that was not accustomed to having southern women lead their classrooms. These women were strong-willed, pioneering, hard-working, and intellectually curious, all necessary traits of an effective litigator. It’s clear that Anne took a little from all of them. As a child Anne was a voracious reader, but her parents, who both studied English in college, steered her away from making that her major when she arrived on the campus of the University of Virginia. Instead, she decided to study medicine. She had hopes of treating illnesses and living out one of her many childhood dreams of becoming a surgeon. However, after a few courses and practical experiences, she quickly learned that a career in medicine was not in the cards for her. She changed her major to economics and eventually earned her B.A. in that field. Anne met her husband, Mark, while a UVA. They were introduced to each other by a mutual friend who knew they both were from Kentucky. Like most Kentucky natives, they are avid UK basketball fans. But unlike most UK fans, they also cheer for other teams – UVA, UD and OSU to name a few. Anne attended law school at UK after college, and Mark moved here for a job at NCR. She routinely made the two-hour trip to visit him on the weekends. Those road trips were a welcome getaway from the hard, arduous slog of law school, and where she first discovered the charm of Dayton. She and Mark settled here after her graduation from law school. They have two sons, 11 and 8 years old. In them, Mark and Anne

are raising a new brood of college basketball fans. Anne spent most of the early part of her career at smaller firms. She started her career at Altick and Corwin where she worked for about two years, mainly in the area of creditor’s rights. Her next stop was at Subashi & Wildermuth. There she harnessed her passion for the profession, honed her skills, and developed into one of the best and most experienced litigators in our community. She’s currently a partner at Freund, Freeze & Arnold. For some, litigation can be mentally taxing. For others, the high stakes, fast pace world of civil litigation is too demanding. Anne doesn’t fall into either group. She enjoys the challenges of litigation. Her face lit up when she spoke about some of her most memorable cases. It’s no wonder that judges who have seen her action have described her as “superb” and “fierce,” and that she has an “outstanding” reputation amongst her peers. Anne’s mentors in the industry taught her early on that the practice of law is not a job; it’s a profession. It’s every lawyer’s duty to advance, not only the law, but also to advance the profession, and her commitment to advancing the profession is inspiring. She is a former programming chair and president of the Carl D. Kessler Inn of Court, and currently is a member of its executive committee. She is a DBA champion, having chaired both the Solo/Small Practice and Appellate Practice Committees. She has also co-chaired large scale events such as the Bench Bar Conference and the Women in Law Forum. Additionally, Anne is a member of the exclusive Lawyers Club of Dayton. continued on page 7


BARRISTER OF THE MONTH: Anne P. Keeton Esq. continued from page 6

Her commitment to improving the profession does not stop at the local level. She is an Ohio State Bar Association Foundation Fellow and a 2014 graduate of the OSBA Leadership Academy. As a member of the OSBA, she has devoted countless hours over the course of her career toward improving the profession at the state level. Her passion to serve her clients and the profession is probably only matched by her passion to the serve the Dayton community. She has served on several nonprofit boards, including the Dayton Children’s Hospital Women’s Board, the Associate Board of the Dayton Art Institute, and the Board of the Hospice of Dayton Foundation. Her contributions to both the profession and the community were recognized in 2014 by the Dayton Business Journal when she was named to the 40 Under Forty List. Learning about and meeting Anne was one of the more fun assignments I’ve had as a Bar Briefs Editorial Board Member. Even with all of the distractions of the coffee-


house, I was completely enthralled by her war stories. As a young litigator, hearing her speak about her wealth of trial experience was eye-opening. As our Saturday morning slipped into Saturday afternoon, I asked Anne one last question to end our meeting: What advice would you give to younger attorneys? She explained that we should approach everything we do – both in life and at work – with intention and intensity. She emphasized the value of treating every assignment as an opportunity to learn and the importance of truly taking ownership of the cases we have the privilege of working on. That means knowing every aspect of a case right down to the smallest, most mundane details. It also means being the most prepared lawyer in the courtroom. According to Anne, regardless of experience or talent level, the most prepared attorney generally prevails. I had heard similar sentiments before, and Anne acknowledged that she sounded “a little cliché.” However, the “clichés” resonated with

me when they came from her because I had never heard them from a person with such passion and love for the profession. Thank you Anne.

By Jamar T. King Esq. Co Vice-Chair: DBA Editorial Board Thompson Hine LLP

May 2018 Dayton Bar Briefs



Getting Reckless


e’ve all had those cases where the State must prove, as an element, a specification to a charge which enhances the degree of the offense. Examples are abundant: theft from an elderly person, theft from a disabled adult, assault of a peace officer, etc. These specifications involve “protected classes” and, as elements, must be proved beyond a reasonable doubt. In the past, these specifications were considered strict liability elements, proven merely by the victim stating they are in the protected class. The mens rea requirement on these crimes were non-existent. This resulted in numerous, unintended felony convictions (and prison sentences). This strict liability law has changed. In late 2014, SB 361 passed with a unanimous bipartisan vote from both the Senate and the House. Effective March 23, 2015, Senate Bill 361 amended, somewhat under the radar, Revised Code §2901.21 to attempt to clear up the confusion in this section. SB 361


Dayton Bar Briefs May 2018

By Michael P. Dailey Esq., Assistant Public Defender Vice-Chair: Criminal Law Committee Montgomery Cty Public Defender's Ofc.

modified former law by providing that “when language defining an element of an offense that is related to knowledge or intent or to which mens rea could fairly be applied neither specifies culpability nor plainly indicates a purpose to impose strict liability, the element of the offense is established only if a person acts recklessly.” This added language applies directly to the specifications mentioned above, as they are related to knowledge or intent or to which mens rea could fairly be applied. Should there be any doubt that the amendment requires proof of recklessness, as opposed to strict liability, the sponsor of SB 361, and the person who introduced the bill, Senator Bill Seitz from Cincinnati, explained the intent of the change: “Furthermore, in cases where one law contains two or more criminal offenses but specifies only one mens rea requirement, there can be confusion by prosecutors and the courts as to whether that single requirement applies to all the separate offenses in the law, or whether some offenses require little or no showing of a guilty mind,” he said. For example, when a law is passed to increase criminal penalties on anyone who knowingly assaults a coal miner, Seitz questioned if “knowingly” only modifies “assaults” or does it also require that the offender know the victim is, in fact, a coal miner? “My legislation intends to eliminate ambiguity by clarifying a default mens rea of

recklessness for existing offenses, and ensuring that future criminal justice legislation clearly set out the mens rea requirement in order to be enforceable,” he said. “Doing so will provide clarity to the courts, prosecutors and defense lawyers, will provide stronger protection for law-abiding Ohioans and will prevent over-criminalization in our justice system.” 1 If you do not believe Sen. Seitz’s words quoted in an Akron newspaper, perhaps his testimony to the Senate on December 4, 2014, immediately prior to the Senate’s unanimous vote in support of his bill, would be more persuasive.2 In his testimony, Sen. Seitz begins by speaking of the phenomenon of over-criminalization in Ohio, and providing an on-point example clarifying how this bill would apply a reckless standard to these types of enhancements. Sen. Seitz’s example concerned a hypothetical of knowingly assaulting a service animal (a protected class). He continued by stating that the default standard of recklessness would apply to all laws currently on the books which fail to define a required degree of mens rea. Further, with respect to new laws that fail to include a mens rea, Sen. Seitz’s testified that those would be void. Sen. Seitz included in his testimony that his bill was supported by the Buckeye Institute, the Manhattan Institute, the continued on page 9


CRIMINAL LAW: Getting Reckless continued from page 8

Texas Public Policy Foundation, the Ohio Prosecuting Attorney’s Association, and the Ohio Judicial Conference. Sen. Seitz spoke of how this “one-of-a-kind” bill was quite a “big deal” in the legal community, and that it was intended to clarify Ohio criminal law. Sen. Michael Skindell, a Democrat from Lakewood, stressed the importance of the bill to ensure a mens rea for each component of the laws on the books. Every single Senator voted “Yes.” On December 17, 2014, the House voted a unanimous “Yes” on the same bill. On December 19, 2014, Governor John Kasich signed the bill into law. On March 23, 2015, the strict liability standard for these specification elements ceased to exist. Despite this amendment, some courts still cling to strict liability. “[T]here is no indication whatsoever that the General Assembly intended to impose anything other than strict liability…” State v. Calhoun, 57 NE 3d 139, 2015-Ohio-5505 (CA 12), at ¶ 18.3 Calhoun was decided 9½ months after the effective date of the amendment. However,


in Calhoun, there is no mention of SB 361, nor even any mention of Revised Code §2901.21, so it is unclear whether the Calhoun court was even aware of the amendment from early 2015. Poor drafting is the father of ambiguity. SB 361’s intent was to eliminate the ambiguity upon which prosecutors routinely relied (and which some courts allowed) to spare them the necessity of proving a mens rea. No longer is this the case. The legislators’ goal was to stop the over-criminalization problems within our Ohio courts, and with SB 361 they fixed a confusing area of law about which language the mens rea would apply. In the absence of a plain indication by the legislature of a purpose to impose strict liability, prosecutors must now prove a requisite mens rea regarding a “protected class.” That default mens rea is reckless. Endnotes: http://www.akronlegalnews.com/editorial/11298 http://www.ohiosenate.gov/video/senate-sessiondecember-4-2014-part-2?35. Sen. Seitz’s testimony on SB 361 begins at 1:12:58. 3 Calhoun quoted State v. Kovacic, 11th Dist. Lake No. 2010-L-018, 2010-Ohio-5663, P 49, which is prior to the amendment mentioned herein was passed. i


DBA Night Dayton Dragons Game (Dragons vs. Fort Wayne) Thursday, July 26th @ 7:00pm Fifth Third Field *Ticket release 8:30am on Tuesday, July 19th! - Each DBA Member receives 2-free tickets. - If picking up for friend or colleague, please present business card or letterhead. - Contact Chris with ?'s: calbrektson@daybar.org

May 2018 Dayton Bar Briefs


2018 Liberty Bell Awards Ceremony Find Out This Years Recipient at May Chancery Club Luncheon! The DBA invites you to join us as we reveal the 2018 Liberty Bell Award recipient during the May Chancery Club Luncheon to be held at the Old Courthouse on Friday, May 11th. Also, speaking at the May Chancery Club Luncheon is Judge Dennis J. Langer. Judge Langer will give a presentation on the Abraham Lincoln, Dred Scot case. Lunch will be catered by The Deli and will begin at 11:30am. The program will begin promptly at Noon.

Liberty Bell Awards Program

Space is limited so please RSVP to Tyler! twright@daybar.org

The Chancery Club Luncheon RSVP Today, Seating is Limited!

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

Friday, June 1, 2018 The Old Courthouse | Doors open 11:30am Caterer: The Deli Speaker: Magistrate Gerald Parker Magistrate Parker will be speaking on the topic "From Columbine to Parkland: Litigating Offenses Against the Public Peace".

Contact Tyler Today to RSVP! twright@daybar.org | 937.222.7902

Last Luncheon of the Fiscal Year: Friday, June 1, 2018


Dayton Bar Briefs May 2018


DAYTON welcome new members Bar Association Get Involved!


Arlene L. Boruchowitz Ohio Bar: 11/17 Tanyon T. Boston Indiana Bar: 2003 Loukesha Q. Brooks Ohio Bar: 10/16 Steven M. Decker Ohio Bar: 12/14 Rachael A. Houck Ohio Bar: 11/04 Carl A. Lux Ohio Bar: 12/05 Emily M. Noggle Ohio Bar: 11/15 Frank M. Payson Ohio Bar: 11/91 David C. Pinyerd Ohio Bar: 3/17 Indiana Bar: 2009 David D. Savage Ohio Bar: 11/17 Frances L. Sheard Ohio Bar:11/85


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May 2018 Dayton Bar Briefs



2018 DBA Diversity Day

Hate Speech

and the First Amendment Friday April 13, 2018

The Recap


n April 13, 2018, the Dayton Bar Association held its annual Diversity Day event at Sinclair Community College in downtown Dayton. The theme of this year’s seminar was Hate Speech and First Amendment. The Diversity Issues Committee successfully crafted an agenda full of distinguished presenters discussing modern free speech issues, as well as the impact of First Amendment jurisprudence in today’s social, political, and ever-changing technological climate. The morning began with a welcome from Montgomery County Recorder Brandon C. McClain, Esq., who serves as Co-Chair of the DBA’s Diversity Issues Committee. Mr. McClain, along with fellow Diversity Issues Committee Co-Chair Kevin Conner, Esq., were the masters of ceremonies for the event.

Thaddeus A. Hoffmeister Esq., a Professor at the University of Dayton School of Law, served as the day’s first speaker and spoke on the topic titled, First Amendment Implications in the Day of Social Media. Professor Hoffmeister’s presentation included information concerning Facebook’s internal policies regulating content on its site, as well as the process by which it removes material deemed violative of such policies. Professor Hoffmeister also reviewed two recent United States Supreme Court cases involving the 12

Dayton Bar Briefs May 2018

First Amendment and social media – namely, Elonis v. United States1 and Packingham v. North Carolina.2 In Elonis, the Court considered issues involving threats communicated by an individual on Facebook. In Packingham, the Supreme Court considered the constitutionality of a North Carolina statute prohibiting registered sex offenders from accessing social media sites. In addition to these Supreme Court cases, Professor Hoffmeister also discussed the 2013 case of Bland v. Roberts,3 wherein the Fourth Circuit considered, among other issues, whether “liking” a political candidate’s Facebook page constituted protected speech under the First Amendment. Kristin Totten Esq. gave the second presentation via live-streaming video on the topic titled Hate Speech and the Flint, Michigan Water Crisis Case. Since 2016, Attorney Totten has worked as an education lawyer for the American Civil Liberties Union (“ACLU”) of Michigan. In that role, Ms. Totten presently represents schoolchildren in a class action pending in the United States District Court for the Eastern District of Michigan, wherein her clients assert a number of claims arising from their alleged exposure to elevated levels of lead in drinking water in the Flint area. Next, Laurie Briggs Esq. spoke on the topic of Hate Speech Cases in Ohio. Ms. Briggs serves as a board member of the ACLU of Ohio, as well as a member of the ACLU of Ohio’s Speaker’s Bureau. Ms. Briggs’s presentation began with a discussion of early and modern speech jurisprudence, included information regarding the 2008 Sixth Circuit case involving a member of the Westboro Baptist Church who challenged an Ohio statute

Endnotes: Elonis v. United States, 135 S.Ct. 2001 (2015). Packingham v. North Carolina, 137 S.Ct. 1730 (2017). Bland v. Roberts, 730 F.3d 368 (4th Cir. 2013). 4 Phelps-Roper v. Strickland, 539 F.3d 256 (6th Cir. 2008); Ohio Rev. Code § 3767.30. 5 Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002). 1 2 3


The DBA Wishes to Thank the following Sponsors! Estabrook Charitable Trust administered by Porter Wright Morris & Arthur

regulating the picketing of funerals and funeral processions,4 and concluded with a conversation with attendees regarding local topics and events that raise unique First Amendment issues. Finally, the event concluded with a luncheon featuring keynote speaker H. Louis Sirkin, Esq., a prominent First Amendment attorney who practices at Santen & Hughes in Cincinnati. Mr. Sirkin presented on the topic of The First Amendment Since Ashcroft v. Free Speech Coalition. Mr. Sirkin spoke proudly of his distinguished 50-plus year legal career which, in addition to his representation of the respondents before the Supreme Court in Free Speech Coalition,5 includes his work on other notable cases such as his representation of the director of the Contemporary Arts Center in Cincinnati against obscenity charges arising from the exhibit of Robert Mapplethorpe photographs in 1990.

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


May 2018 Dayton Bar Briefs




Probate Law Institute The Recap

By David D. Brannon Esq. Vice-Chair: EPT&P Law Committee Brannon & Associates


he Estate Planning, Trust & Probate Law Committee successfully completed its annual Probate Law Institute on March 9, 2018 at Sinclair Community College. Below is a recap of the speakers, along with portions of their presentation. Creditor’s Coup: Claims Attack and Asset Protection, Matthew R. Hochstetler, Day Ketterer, Canton If anything, Matt’s presentation should stress that if you are representing a creditor who is owed money from a deceased person, you had better be timely and in strict compliance with the Probate Code—or you will be cutting a check for misfeasance. First, the Ohio Supreme Court recently analyzed the “presentment” statute and held that R.C. 2117.06 must be strictly construed and complied with by creditors.1 General creditors such as credit card lenders and hospitals have sixth months to properly present a claim, or be forever barred.2 Second, you had better serve the administrator or executor directly, because serving his or her agent is insufficient. It is insufficient to present a claim “to someone who has not been appointed by a probate court to serve as the executor or administrator of the estate.” Moreover, service to counsel for the estate is insufficient under the presentment statute. The bottom line is that an executor or administrator must receive a claim within the sixth month period by one of the methods outlined expressly in R.C. 2117.06(A) to be considered lawfully “presented.” Trust Alert: Maximizing Tax Benefits Without Worrying About the FET, John R. Riccardi, Esq., U.S. Bank, Cincinnati John Riccardi is a trust officer at U.S. Bank in Cincinnati. His presentation focused on the fact that most estate planning attorneys must design trusts to address income tax issues rather than estate tax


Dayton Bar Briefs May 2018

By Ed M. Smith Esq. Chair: EPT&P Law Committee Nolan Sprowl & Smith

concerns. It’s always possible the estate tax could come back into play, but we must be more concerned with optimizing cost basis or obtaining a double step-up in basis by using powers of appointment. The use of wills may accomplish some of the concerns; however, most people would like to avoid probate, so the use of trusts, with powers of appointment makes more sense. Probate Case Law Update: Hon. Jack Puffenberger, Judge, Lucas County Probate Court For those that don’t know, Judge Jack R. Puffenberger from Lucas County, he graciously provides an intensive hour of case law updates that he compiles with the assistance of Magistrate Nancy Miller. His yearly synopses range from adoptions, appeals, estates, ethics, jurisdiction, concealments, trusts, wills, wrongful death and numerous other probate-related areas, from all counties in Ohio. The materials are excellent, and any recap below does not do them justice. Judge Puffenberger mentioned a new statute for depositing estate funds. Attorneys and fiduciaries may avoid the tedious work of having to open an estate account in certain common situations. If the attorney petitions the probate court and states that 1) the amount is nominal; and 2) the funds will be deposited in a probate IOLTA-type account for a short period of time, then the estate account may be unnecessary. See ORC Section 2109.41. Montgomery County Probate Court “Hour of Power:” Guardianship and Other Current Issues at the Court Judge Alice O. McCollum, Magistrates Joseph Gallagher and David White, and Shawnieka Pope (Director of Guardianship), provided a pragmatic discussion regarding guardianships. Regarding interstate continued on page 15


ESTATE PLANNING: 2018 Probate Institute The Recap continued from page 14

transfers of guardianship or conservatorship to another state, R.C. 2112.31 is the basis and process for transfers to another state. Ohio indeed did adopt the Adult Guardianship and Protective Proceedings Jurisdiction Act.3 Practitioners know, the Montgomery County Probate Court’s website contains all forms related to interstate and intra-state transfers. The purpose of the Act was to provide a mechanism for resolving multi-state jurisdictional issues. R.C. 2112.04 allows for communications between courts in other jurisdictions, to facilitate the opening of the guardianship in the transferee jurisdiction, and the closing of the guardianship in the transferor jurisdiction, with checks and balances. In Ohio, there is no doubt that regardless of incoming or outgoing guardianship, notice must be served to all interested parties and a hearing will be held to ensure standards are upheld. Next, just as interstate transfers may be accomplished, guardianships may move intrastate. The process is similar to the one just discussed in that a motion to transfer must be made in the sending county, and the receiving county must approve establishing the guardianship. Erosion of Attorney-Client Privilege: Fiduciary Exception, Adam M. Fried, Esq., Reminger Co., LPA, Cleveland For those that follow Adam’s work, he is often embroiled in complex and unusual probate and trust matters. Because of some of his recent experiences, his topic involved a review of case law and statutes suggesting that the attorney-client privilege is under attack. R.C. 5815.16 (Attorney for fiduciary not liable to third parties) states: (A) Absent an express agreement to the contrary, an attorney who performs legal services for a fiduciary, by reason of the attorney performing those legal services for the fiduciary, has no duty or obligation in contract, tort, or otherwise to any third party to whom the fiduciary owes fiduciary obligations. (B) As used in this section, “fiduciary” means a trustee under an express trust or an executor or administrator of a decedent’s estate.

continued on page 19

Endnotes: Wilson v. Lawrence, 150 Ohio St.3d 368, 2017-Ohio-1410, 81 N.E.3d 1242, ¶ 13 2 R.C. 2117.06(B). 3 http://www.uniformlaws.org/Act.aspx?title=Adult%20 Guardianship%20and%20Protective%20 Proceedings%20Jurisdiction%20Act. 1


DAYTON Bar Association

It's never too late to Get Active!

DBA Committee Meetings May 2018

Diversity Issues

Tuesday, May 1st @ Noon

Estate Planning, Trust & Probate Law w/optional CLE

Wednesday, May 2nd @ 4:00pm

Young Lawyers Division Wednesday, May 2nd @ Noon Juvenile Law

Monday, May 7th @ 4:00pm

Environmental Law + Real Property Monday, May 7th @ 4:00-6:00pm @ Dayton Steam Plant CANCELED-Civil Trial Practice & ADR

Tuesday, May 8th @ Noon

Labor & Employment Law

Tuesday, May 8th @ Noon

Appellate Court Practice

Wednesday, May 9th @ Noon

CANCELED - Domestic Relations Public Service & Congeniality

Friday, May 11th @ 11:00am @ Old Courthouse

Federal Practice Criminal Law & Its Enforcement Paralegal

Monday, May 14th @ Noon Wednesday, May 16th @ Noon

Thursday, May 17th @ 6:00pm @ Brixx Ice Company

Workers’ Comp / Social Security w/optional CLE Corporate Counsel

Thursday, May 10th @ Noon

*Date moved to May 17th @ Noon

Thursday, May 24th @ 4:30pm @ Bravo Italian Restaurant May 2018 Dayton Bar Briefs


daybar.org/cle Judge Langer’s 2017 Criminal Law Update: A Review of Decisions of US Supreme Court, Ohio Supreme Court, Ohio Appellate Courts and Ohio Legislation (video replay) Friday, May 4, 2018| 9:00-12:15pm | 3.0 CLE Hrs | Seminar #1718-103 M $105 | NM $150 | PP $0 Presenter: Judge Dennis J. Langer, Montgomery Cty Common Pleas Court Judge Langer will survey US and Ohio Supreme Court and appellate decisions, as well as recently enacted legislation. AGENDA: Hour 1: Search and seizure, confessions, criminal offenses, pretrial procedure, pleas Hour 2: Rules of evidence, speedy trial, trial procedure Hour 3: Sentencing, jail time credit, CCS revocation

details in page17 Bike Law 101 Wednesday, May 16, 2018 11:30-1:00pm 1.5 CLE Hr Seminar #1718-111 M $50 | NM $75 | PP $0 Presenter: Steven Magas Esq. Join us as Ohio’s “Bike Lawyer”, Steven Magas discuss legal issues of interest to cyclists. Steve also started handling cases for injured cyclists and the families of those killed while riding. He has handled more than 400 “bike cases” over the course of his career. In addition to representing cyclists, Steve has written about Bike Law on a local, regional and national basis and is regularly called upon by TV and radio journalists when Bike Law issues pop up in the news. Steve continues to lecture regularly on numerous Bike Law topics and has presented CLE programs for lawyers.

d e l nytime, Earn CLE anytime, u d eanywhere. h c ere. or | Affordability ResConveniencef| Selection ffordability 8 1 0 2 l Fal

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details in page17 A Lawyer's Guide to the New Law Landscape: What they don’t teach you about Law in Law School

Wednesday, May 9, 2018 | 9:00-11:30am | 2.5 CLE Hrs Seminar #1718-110 M $90 | NM $115 | PP $20 Presenter: Brett Renzenbrink Esq.; Luper Neidenthal & Logan; Cincinnati The past decade has changed the legal industry and presented new business challenges for new and experienced attorneys. Learn non-traditional techniques and strategies for client development from attorney author Brett Renzenbrink, and receive an electronic copy of his new book, 4L, What They Don’t Teach You About Law in A great Law School, for an even more in-depth variety of discussion. Learn how to survive and thrive in the future of law. programs to

choose from.

Earn CLE anytim anywhere.

Recent Ethics Violations & the Ethical Perils of Social Media Convenience | Selection | Affordabi (video replay) Monday, May 21, 2018 | 12:30-3:45pm | 3.0 CLE Hrs Professional Conduct Seminar #1718-108 M $105 | NM $150 | PP $0 Presenters: John Ruffolo Esq., DBA Bar Counsel; Glen R. McMurry, Partner Dungan & LeFevre Co, LPA

Writing for Advocates with Judge Merz (video replay)

A Tuesday, great May 22, 2018 | 12:30-3:45pm | 3.0 CLE Hrs Seminar #1718-105 variety M $105of | NM $150 | PP $0 This 3-hour programs to seminar presented by Judge Michael Merz, will provide a judge’s perspective on what’s good, what’s bad, and what could be choose from. better in your written advocacy. Designed for new and experienced

v pr ch


Criminal Rules by the Number (Part 1) – Pretrial Proceedings Thursday, May 10, 2018 | 9:00-12:15pm | 3.0 CLE Hrs Seminar #1718-104 M $105 | NM $150 | PP $0 Presenter: Hon. Mary Kate Huffman, Montgomery County Common Pleas Court This first part of a three-part series on the Ohio Criminal Rules will focus on pre-trial Convenience | Selection | Aff ordability Convenience | Selection | Aff ordability Convenience | Selection | Aff ordability proceedings. This session is an important primer on the Ohio Criminal Rules for anyone practicing criminal law. The topics to be covered in this first session include: AGENDA: 9:00am o Crim. R. 6 – The grand jury. o Crim. Rule 7 – The indictment and the information. 9:30am o Crim. R. 8 – Joinder of offenses and defendants. A great o Crim. R. 13 and 14 – Trial together of indictments or info or complaints A great A great variety of and relief from prejudicial joinder. 10:00am o Crim. R. 15 – Depositions. variety ofto variety of programs 10:30am o Crim. R. 16 – Discovery and inspection programs toto choose from. programs o Crim. R. 17 – Subpoenas. o Crim. R. 17.1 – The pretrial conference.choose from. choose from. 11:00am o Crim. R. 11- The plea. 12:15pm Adjourn

EarnCLE CLEanytime, anytime, Earn Earn CLE anytime, anywhere. anywhere. anywhere.


Dayton Bar Briefs May 2018

Earn CLE anytime, EarnCLE CLEanytime, anytime, anywhere. anywhere. anywhere. Convenience | Selection | Affordability

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A Lawyer's Guide to the New Law Landscape: What they don’t teach you about Law in Law School Wednesday, May 9, 2018 | 9:00-11:30am | 2.5 CLE Hrs Seminar #1718-110 M $90 | NM $115 | PP $20 Presenter: Brett Renzenbrink Esq.; Luper Neidenthal & Logan; Cincinnati The past decade has changed the legal industry and presented new business challenges for new and experienced attorneys. Learn non-traditional techniques and strategies for client development from attorney-author Brett Renzenbrink, and receive an electronic copy of his new book, 4L, What They Don’t Teach You About Law in Law School, for an even more in-depth discussion. Learn how to survive and thrive in the future of law. AGENDA: 9:00-9:45am Defining and Overcoming the Legal Landscape Challenges o Attorney Automation 9:45-10:45am Client Centric Philosophy o Intersection of Client Authority and Need o Providing Value to Clients 10:45-11:30am Effective Strategies and “Dating Clients”


Brett Renzenbrink is an award-winning lawyer, shareholder with the law firm of Luper Neidenthal & Logan, and chair of the firm’s business development committee. On top of building a successful practice based upon his own core principles, Brett spends considerable time mentoring law students and young attorneys achieve their goals through the use of non-traditional methods. Among his core beliefs, that no lawyer needs to sacrifice his or her true self in the quest for professional success and happiness.


Bike Law 101

Wednesday, May 16, 2018 | 11:30-1:00pm | 1.5 CLE Hr Seminar #1718-111 M $50 | NM $75 | PP $0 Presenter: Steven Magas Esq. AGENDA: Part I- History of Bicycling & Bike Law Part II -

Modern Bike Laws o Summary of Ohio Bike Laws o AFRAP, FTR & other Acronyms o Establishing the Right of Way

Part III - Bike Crash Cases o Crash Statistics - Steve’s Fatal Crash Project o Common Motorist & Cyclist Errors Part IV- Unique Legal Issues In Bike Crash Cases o Insurance Coverage under Auto/Health/ Homeowner/Excess o Check Local Listings [Especially “Safe Riding Regulations” ] o What is “The Roadway” and Why Should Cyclist Care?


Steven Magas is known as Ohio’s “Bike Lawyer.” Steve is an avid cyclist and a trial lawyer with 35 years of courtroom experience. In the 1980s Steve’s passion for cycling led him to start working on “Bike Law” - legal issues of interest to cyclists. He also started handling cases for injured cyclists and the families of those killed while riding. Steve has handled more than 400 “bike cases” over the course of his career. In addition to representing cyclists, Steve has written about Bike Law on a local, regional and national basis and is regularly called upon by TV and radio journalists when Bike Law issues pop up in the news. Steve sits on the Board of the Ohio Bicycle Federation, Ohio’s premier cycling advocacy group, for many years where he focuses on drafting and promoting new and improved “Bike Laws.”

May 2018 Dayton Bar Briefs



Babysitter Needed?:

Advising Clients On Leaving Children Home Alone


or many children, being left home alone is a rite of passage. For parents, it is also a milestone. Nonetheless, before a child should be left alone parents need to determine whether their child is mature enough and capable enough to be left home alone. In the state of Ohio, there is no law which establishes a minimal age at which children may be left home alone. There appears however to be an unofficial understanding that at the age of eight a child may be left home alone and at the age of eleven a child can babysit other children.i Before leaving a child home alone, parents are however advised to look to the laws regarding child endangering specifically Ohio Revised Code 2919.22. Moreover, in State v. Allen, Ohio courts reaffirmed that in prosecuting a case of child endangerment, the state has to prove beyond a reasonable doubt that (1) the child is under the age of 18, (2) the parent violated a duty toward the child, (3) the parent created a substantial risk to the safety of the child, and (4) the parent acted with recklessness.ii When determining if leaving a child home alone amounts to child endangerment, the court will examine many factors in determining whether the child was mature enough to be left home alone and whether the parents recklessly endangered the child by leaving them home alone.iii Before making the decision to leave their child alone parents need to determine whether their child is mature enough to be home by themselves. Montgomery County Children Services and Ohio case law have set forth several questions that parents must consider when deciding whether they should leave their child home alone: 1. How long will the child be left home alone? 2. During what time of day will the child be left home alone? 3. Can the parent be reached on their cell phone while they are outside the home? 4. Is the home free from hazards, i.e. electrical issues? 5. Are there working smoke detectors in the home?


Dayton Bar Briefs May 2018

By Sarita L. Simon Esq. Juvenile Law Committee The Law Offices of Sarita Simon

6. Is the neighborhood safe? 7. Is the child expected to watch their younger siblings? 8. Is the child expected to be awake during the time period the parent is gone? 9. Is the child expected to prepare a meal? 10. Does the child know how to apply basic first aid? 11. Does the child have a list of emergency contacts? 12. Does the child know how to answer the telephone? 13. Does the child know to not open the door to strangers? 14. Does the child know that are being left home alone? 15. Do both parents agree that the child should be left home alone? 16.Does the child suffer from any dangerous behavioral issues which should prevent them from being left unsupervised? 17. Does the child suffer from any severe medical conditions which should prevent them from being left unsupervised? Before a parent leaves their child home alone they should be able articulate how responsible their child is and how in case of an emergency they may be reached. Parents should ask themselves if by not providing a babysitter for their child will it pose a substantial risk to the health and safety of their child. If that answer is yes and if the parents have any doubt that their child should not be left home alone, then the parents should provide a babysitter for their child. Endnotes: “Leaving Children Home Alone Safely”, https://www.mariononline.com/ uncategorized/2011/06/leaving_children_home_alone_safely/. ii. State v. Allen (2000), 140 Ohio App.3d 322. iii. See Burks v. Burks, 2018 Ohio 670 (Ohio App., 2018); State v. Hall, 2017 Ohio 879 (Ohio App., 2017); State v. Fretas, 2008 Ohio 4686 (Ohio App. 9/17/2008), 2008 Ohio 4686 (Ohio App., 2008); “Leaving Children Home Alone Safely”, https:// www.mariononline.com/uncategorized/2011/06/leaving_children_home_alone_ safely/; and “Leaving Your Child Home Alone: How To Make That Decision”, http:///www.mcohio.org/departments/children_services/positive_parenting/ leaving_your_child_home_alone_how _to_make_that?decision.php.



ESTATE PLANNING: 2018 Probate Institute The Recap continued from page 15 This section, often called the anti-Arpadi statute, was enacted to clarify that the attorney who represents a client owes no duty to the fiduciary to whom the fiduciary owes fiduciary duties. Adam focused his discussion on the Dueck case out of Cuyahoga County.4 That case, without reference to the statute, took the position that there is a fiduciary exception to the attorney-client privilege, so that the communications between the attorney and the fiduciary may be discoverable. Many attorneys and fiduciaries are concerned, because the ability to consult an attorney and discuss matters involving estate administration are critical to carrying out one’s fiduciary duty. The OSBA EPTPL Section is proposing an addition to Section 5815.16 to clarify that the communications between the attorney for the fiduciary and the fiduciary will remain privileged and not subject to discovery. Cyber and Social Media Discovery: From Policy to Trial Presentation, Andrew Keck, CTO, ProFile Discovery, Columbus Andrew Keck is a Certified Forensic Examiner, who addressed how to navigate the digital world when litigation is a possibility. When litigation arises, attorneys have a duty to initiate a “litigation hold,” that is tailored to the client and particular matter, so the client will understand the obligation is on the client to preserve data, regardless of plaintiff or defendant status.5 Although Andrew’s discussion was complex, our audience learned the importance of having a digital policy. All businesses, large or small, should develop a policy in dealing with tech problems such as: data preservation, hacking, breach response, employee misuse, forensic collection and insurance. Andrew’s firm is available to consult with attorneys on all of these topics. Special thanks to The Disability Foundation for sponsoring our event. Endnotes: Dueck v. Clifton Club Co., 8th Dist. Cuyahoga Nos. 103868 and 103888, 2017-Ohio-7161. HM Elecs., v. R.F. Techs., Inc., S.D. Cal. No. 12-cv-2884, 2015 WL 4714908 (Aug. 7, 2015).

4 5


Recorder Brandon C. McClain Honored at the 2018 Joseph Cinque Banquet


n April 6, 2018 the Black Law Student Association of the University of Dayton School of Law held the 2018 Joseph Cinque Banquet. Joseph Cinque led the successful revolt on the Spanish slave ship La Amistad. When the ship was eventually taken into the custody of the United States Navy, the revolters were placed on trial for killing the ship’s officers. The case, United States v. The Amistad, eventually reached the Supreme Court which held that the Africans had rightfully defended themselves from being illegally enslaved and they were released. According to Shannon Penn, Dean of Students, the Banquet honors distinguished legal professions that are committed to promoting justice and standing up for what is right even when it is not easy. This year Recorder Brandon C. McClain was honored, and he made it a point to talk to everyone in attendance. On March 22, 2018 Brandon C. McClain was appointed to serve as Montgomery County Recorder. Mr. McClain has stated that public service is a calling that he has wholeheartedly embraced which is illustrated through his military service with the North Carolina Army National Guard, his work as an attorney at the Montgomery County Public Defender's Office and his work as a Magistrate/ acting Judge in the Dayton Municipal Court. Mr. McClain is dedicated to veterans issues and services. Mr. McClain is also involved in community organizations where he serves on the board of directors for both the Greater Dayton Volunteer Lawyer’s Project and the Mary Scott Nursing Center. Mr. McClain additionally serves on the Ex-Offender Reentry Program Legal Subcommittee and the Sinclair Community College Paralegal Program Advisory Committee. Mr. McClain has expressed that we are all parts of one puzzle and in order to succeed we need to support ourselves and others. He also “encourages and challenges each person to work hard to bring about progressive and positive changes in their community.”

May 2018 Dayton Bar Briefs


The Speak Out Evolution By Karen T. Dunlevey Esq. Jackson Lewis, P.C.


he U.S. Supreme Court first recognized workplace sexual harassment as a form of unlawful sex discrimination in 1986 in the case of in Meritor Savings Bank v. Vinson. Sexual harassment cases quickly became the “slip and fall” of the 1990s. In 1994, Hollywood fanned the flames with the release of Disclosure, the cinematic thriller that made Michael Douglas the victim of workplace sexual harassment and Demi Moore the powerful and seductive harasser. Que the new wave of sexual harassment claims -female bosses harassing male subordinates. Next came the same sex harassment cases. By this time last year, however, sexual harassment claims seemed to be on the verge of extinction. Were we, as a society, learning to keep sex out of the workplace??? And then . . . the hashtag Tweeted ‘round the world . . . #MeToo. What started in Hollywood with Harvey Weinstein spread like wildfire, incinerating in its wake popular movie stars, politicians, law makers, media moguls, journalists, athletes, judges, and CEOs by the dozen. New allegations are popping-up almost daily. The conduct in which these celebrities and business leaders are alleged to have engaged may differ at the margins in terms of degrees of salaciousness and egregiousness, but the stories are not markedly different from one another, or from those told by individuals in the past. Likewise, the law also remains simple and largely unchanged. What has changed — or, rather, evolved — is the sheer number of those who speak out, the attention they are able to draw, and the cumulative power of their stories. Today’s stories beget more stories, and their volume is amplified by social media.


Dayton Bar Briefs May 2018

While the focus to date has been on celebrities, public figures, and business leaders, it is inevitable that next up in this “speak out evolution” will be claims against and involving those who do not enjoy the spotlight and (until a story is launched about them) are outside the public eye. It is for this next phase of the speak out evolution that employers must be prepared. This article briefly discusses the history and evolution of the speak out evolution from 1975 to 2018, and the steps employers should consider taking now to ensure they have practices in place to prevent and address harassment in the workplace. In 1975, a group of women at Cornell University first coined the phrase “sexual harassment.” It all started when Carmita Wood, a former employee of the University, filed a claim for unemployment benefits after she resigned from her job because of unwanted touching from her supervisor. Cornell challenged Wood’s claim for unemployment benefits, maintaining that she quit for “personal reasons.” In response, Wood, together with activists at the University, formed Working Women United. The group organized a campus rally to speak out about sexual harassment. It was the first rally of its kind and drew national media attention. At this Speak Out event, working women attended in person and shared their experiences of sexual harassment in the workplace, exposing the fact that the problem extended far beyond the university setting. The press coverage of the rally propelled many women to speak out against sexual harassment. This culminated more than 10 years later in Vinson. The Supreme Court made clear that

workplace sexual harassment is a form of illegal employment discrimination prohibited by Title VII of the Civil Rights Act. Five years later, in 1991, with perhaps the most visible sexual harassment “speak out” in American history, Anita Hill testified about Supreme Court nominee Clarence Thomas at his televised Senate confirmation hearing. Although Thomas denied Hill’s story and eventually joined the Supreme Court, Hill’s decision to speak out had immediate and lasting consequences. Her televised testimony undoubtedly reached far more people than the in-person Speak Out rally or even the Ms. magazine cover of 1977. Immediately after Hill’s testimony, for example, sexual-harassment complaints filed with the EEOC dramatically increased. Social activist and community organizer Tarana Burke created the phrase “Me Too” in 2006 as part of a grassroots campaign to promote “empowerment though empathy” among women of color who have experienced sexual abuse. In October 2017, actor Alyssa Milano encouraged survivors of sexual harassment and assault to post publicly and adopt a #MeToo status. Her goal was to raise global awareness about sexual harassment. The #MeToo movement went viral. It embodies perhaps the most significant metamorphosis of the speak out evolution to date and is a harbinger of things to come. Employers would be well-served to anticipate that this speak out evolution will continue. More and more claims of harassment, of all types, will be raised, and they are bound to extend far beyond Hollywood and Silicon Valley to other businesses, organizacontinued on page 21


#METOO: The Speak Out Evolution continued from page20

Special Retake Day Just Added!

tions, and individuals, whether or not they enjoy the spotlight. The time is now for employers to prepare. Employers should evaluate their practices to ensure they maintain and implement preventive and remedial measures that have been recommended by employment law practitioners, and agencies like the EEOC, for years. These recommendations include: 1. Maintaining robust policies prohibiting all forms of harassment based on any protected class, including sex, and ensuring such policies are compliant with federal and applicable state law. 2. Establishing and communicating a clear reporting mechanism, which requires employees to report workplace harassment and provides multiple avenues to bring such complaints. 3. Establishing and communicating a strong policy prohibiting retaliation and holding managers accountable for upholding it. 4. Training all employees (supervisors and non-supervisors) on discrimination, harassment, reporting, and retaliation, with a focus on what employees should do and not only on what they should not. 5. Confirming the training program meets requirements in states (e.g., California, Maine, and Connecticut) where harassment training is mandated. 6. Investigating all allegations of harassment quickly and thoroughly and taking prompt remedial action when necessary. 7. Holding accountable all managers, not just human resources or legal departments, for abiding by and enforcing the organization’s policies and practices. By taking these measures now, employers can prevent new claims of harassment from arising. But the risk of new claims is only half the battle. The statute of limitations for workplace harassment claims in Ohio law is six years. Employers who choose to do nothing based upon a false sense of security created by years of silence, do so at their own peril. Employers should seize this opportunity to make critical changes to their corporate culture and to communicate those changes to their entire workforce. #ZeroTolerance

Time to update your professional photo?

DBA Photo Sessions Retake Day! Tuesday, May 8


DBA Seminar Room Photographer, Julie Noeth wallingphotography.net

Call 222.7902 to RSVP!




DBA Wills for Heroes

Saturday, June 2nd 10:00-1:30pm Harrison Township Community Ctr. 5945 N. Dixie Dr.


Contact Chris with ?'s about how to volunteer and receive CLE Credit! calbrektson@daybar.org 937.222.7902

May 2018 Dayton Bar Briefs


What Is

Digital Inheritance

And What Do Your Assets Mean To You? By Andrew L. Rossow Esq. DBA Editorial Board Gregory M. Gantt Co., LPA


ave you ever thought about what happens to your cryptocurrency investments after death? Whether you die testate (with a will) or intestate (without a will), the necessity of protecting your assets remains, regardless of its physical or digital existence. Imagine you get hit by a bus tomorrow and die, what would happen to all your digital assets? I'm talking your online accounts, including banking information, social media passwords, and stock portfolio information. Now, add your cryptocurrency--your Bitcoin, Litecoin, Ether and other purchases, alongside access to your private keys and digital wallet? Do your loved ones or other heirs have the right to possess and own these accounts? When it comes to estate planning, individuals inevitably need to plan ahead for the future of their property and assets.

What Is Digital Inheritance? When a loved one passes away, they may have more to their name than just physical assets or property--their footprint extends into cyberspace as well. Their presence on social media, investment sites, and other locations on the web, may have some monetary value, present or future. Family members and estate executors are left with piles of email messages, social media accounts, and other digital remains that may have significant personal or financial value. But, what happens when loved ones or executors have the required passwords, but have no clear authority to access or manage the deceased's accounts? Ergo, the issue of digital inheritance in the 21st century. The devil is in the details. It's time to think about the reach of the deceased's digital footprint and how far into cyberspace their presence reaches. It's imperative to include your online accounts during the 22

Dayton Bar Briefs May 2018

estate-planning process. Failure to plan ahead may prevent loved ones, friends, and even executors from accessing or recovering photos, videos, or even addressing online accounts. This also could lead to more daring crimes, such as post-mortem identity theft or fraud. Look to Service Providers Terms of Service Online providers all handle accounts of deceased users very differently. However, some have started to help users plan how to handle their digital footprint after their passing. For example, Facebook introduced the legacy contact, someone the account holder chooses to look after or manage your account, once you pass on. Once the account is memorialized, the legacy contact has the ability to write a pinned post to the profile, or even delete the account entirely. Federal and State Laws May Present Hurdles Just because you know the password to access an account, doesn't mean you have the clear authority or legal authority to do so. Under federal law, statutes like the Computer Fraud and Abuse Act ("CFAA") and The Stored Communications Act, governs unauthorized access to computers and electronic devices and limits providers' ability to share account information with others. Securing Assets In The Blockchain Since the blockchain has emerged, this provides a new alternative to securing and encrypting one's digital assets. You could basically take your entire safe's worth of accounts, combine them into one file, and encrypt them with a private key on the blockchain. The next step is ensuring that

your loved ones or legacies have the ability to access them after your passing. Planning for this during the estate process is dire-distributing shares of a "private key" among those designated in the legal document or administrator, could help ensure your loved ones receive your digital assets, pursuant to your wishes. "As a father, my biggest question is, if something happened to me tomorrow, how could I ensure that my wife and children have access to my funds?" said SafeHaven co-founder, Logino Dujardin. SafeHaven was designed to address this very question. SafeHaven's SHA Token, is designed to encrypt an individual's assets on the blockchain, separating the keys or "shares" among those named in the will/legal document. Nothing Is Unhackable Crypto-exchanges are no stranger to data breaches and hacking attempts, as we have recently seen the breach of Coincheck, Mt. Gox, DAO, and Bitfinex, the past few months. When it comes to ensuring that funds and assets are secure, yet transparent, the best strategy is to divide and conquer. Splitting up shares or portions of a key among heirs, beneficiaries, or legacies, is the best way to ensure funds remain protected on the blockchain. For example, when it comes to the secret recipe for Coca-Cola, rumor has it there are only two people who know the actual formula, and as such, are never allowed to be near each other. Same logic. Whether it's through a lawyer or blockchain, it's time to start thinking about your assets. And your family. What's your next move? Andrew Rossow is an Attorney in Ohio and a Forbes Contributor. Please follow more of his work through his #CYBERBYTE series on Facebook and Twitter.


Dayton Bar Association Leadership Development Program


It’s time to inspire! Put those natural born leadership qualities to use. Take this opportunity to engage with key stakeholders in the Dayton legal community.


Grow your network within the legal community and become a catalyst for positive leadership.

Ready for Take Off!

The Dayton Bar Association Leadership Development Program is accepting application NOW for the Class of 2018-2019. By participating in the Program you will Expand your networking within the legal community, Explore leadership opportunities, and Experience the benefits of DBA Membership, all crucial elements in your future professional and personal success!


Now is the time to lead! Get prepared for your next big step, personal or professional, with cutting-edge leadership development and training.

Program Details

The Leadership Development Program is designed for DBA Members who have been practicing less that 5 years. Monthly activities, events and sessions will run September through June and connect you with issues, essential training, and key leaders of the community. Lawyers will be accepted based upon an interest in the DBA, interest in future leadership positions at the DBA, good standing within the legal community and an interest in community service.

Previous Leadership Development Program Grads are Current Leaders!

“colleagues The Class provided me with a forum to make new friends among my new-lawyer as well as networking opportunities with experienced attorneys serving

the Bar. The speakers and class topics provided me with insight and skills I needed to create a foundation for being a lawyer-leader in my community. - Cassandra Andres Rice Esq. Gottschlich & Portune LLP DBA LD Class of 2013-14’

You're next ! Apply Today www.daybar.org th Deadline May 25

“opportunity The DBA Leadership Development Class provided me with a meaningful to identify ways to grow as both a lawyer and a community leader

through thoughtful discussions with local judges, thought leaders, and business professionals. People look to lawyers for wisdom and insight. The DBA Leadership Development Class offered me the tools and relationships to refine those qualities while making a difference in both my practice and our community. - Zachary S. Heck Esq.

Taft Stettinius & Hollister LLP DBA LD Class of 2017-18’


May 2018 Dayton Bar Briefs



Rising Star

above the Bar

Kate L. Epling Esq. “Fight for the things that you care about, but do it in a way that will lead others to join you.” ~ Ruth Bader Ginsburg


t’s rare to find a young attorney exhibiting the attributes of a leading lawyer – confidence, perseverance, a tireless work ethic, good sense, and an ability to lead others. But Kate Epling models these virtues every day, and she does it quietly, leading by example and without calling attention to her every action. She does it in a way that invites her peers to rise to new challenges and in a manner that commands respect from her colleagues. Kate doesn’t shy away from a challenge. She does it all, and she does it with tremendous poise. Kate was born and raised in neighboring Cincinnati. She left to study English at the University of Kentucky, and, like any good alumna, to this day remains a loyal (and intense) Kentucky Wildcats fan. After earning her B.A., she moved back to Cincinnati to work for a couple of years while thinking about her future career and next steps. It was also during this time working in Cincinnati when she met her now–husband and fellow attorney, Josh. Kate spent nearly two years thinking about her next career move. She loved researching and writing, and the idea of being an advocate for others, which she was able to see first–hand while working in a large Cincinnati law firm. Her desire to pursue a career in law was only strengthened through that experience, and in 2010, she decided to attend law school at Northern Kentucky University Chase College of Law. While studying, she gained valuable experience while working for Judge Timothy Wood of the Montgomery County Domestic Relations Court, and also for Lisa Patterson in the area of workers’ compensation defense. After graduating from Chase College of Law in 2013, Kate spent the next three years as the staff attorney for Judge Dennis Adkins of the Montgomery County Common Pleas Court. Under his guidance, she developed a keen understanding of the workings of the Montgomery County Common Pleas Court,


Dayton Bar Briefs May 2018

and she developed relationships with local bench and bar. In October of 2016, she joined the law firm of Surdyk, Dowd & Turner as an associate attorney, and she focuses her practice on commercial defense litigation and public entity cases involving political subdivision liability, zoning and land use, premises liability, police misconduct, personal injury, property damage, and employment issues. Political subdivision defense litigation is a unique area of law, with which Kate was unfamiliar before joining Syrdyk, Dowd & Turner. Despite her lack of experience in such a niche area, she has fully immersed herself in the practice and loves it. She enjoys working with such a diverse range of issues on a daily basis, and the unique challenges on which she is able to focus and tackle. Her practice is certainly never boring, and she rarely experiences the same day twice. When asked about her favorite aspect of being a lawyer, Kate will tell you that it’s the challenge. She loves encountering an issue that she’s never seen before, and she welcomes the research and the sometimes arduous task of simplifying a complicated issue. She digs into every project, delighting in the craft of shaping arguments to advance her client’s interests. She’s on a mission to never stop learning and fully embrace every challenge with which she’s faced. Kate’s work ethic – her tackling every challenge head–on – is exemplary, but what really sets her apart from her peers is her ability to lead others. She doesn’t do it yelling from the front of the line, but does it as part of a team, constantly leading others by example through

her own actions. In addition to producing quality legal work, Kate is heavily involved in the local community, and the community at large. She is a graduate of the 2015–16 Dayton Bar Association Leadership Development Class, and currently serves as the Co–Chair of the DBA’s Young Lawyers Division. She is also a member of and leader on the Dayton Children’s Hospital’s Women’s Board and is very passionate about being an advocate for children in the Dayton region. When she isn’t working, leading a board, supporting other attorneys and community causes, Kate spends time with her husband, Josh, and her toddler, Reese. She loves to cook, run half marathons, and spend time with her friends and her family, including her mom and dad still living in Cincinnati and her younger brother. At the end of the day, Kate simply wants to be a good mother, a supportive wife and friend, and a skilled lawyer. She assumes every role with a passion and commitment to excellence that is worthy of imitation, the respect of her peers, and the recognition of the local bar. Congratulations to this month’s Rising Star, Kate Epling, for such a well–deserved honor!

By Nadia Klarr Esq. Chair: DBA Editorial Board Taft Stettinius & Hollister LLP


DAYTON Bar Association


HERBERT M. EIKENBARY What is The Eikenbary Trust? The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance. Individual loans, are available up to $6,000 at 4% interest, while grants up to $4000 are also available.

classifieds For info concerning Classified Ad and Display Ad Space in the Dayton Bar Briefs or any other DBA Publication (Discount Rates available!), contact DBA Communications Manager, Shayla M. Eggleton: publications@daybar.org.


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.


How to Apply: If you would like to take advantage of these programs, contact:

Sally Dunker DBA Executive Director Dayton Bar Association 109 N. Main St., Suite 600 Dayton, OH 45402-1129 sdunker@daybar.org | 937.222.7902 | www.daybar.org

follow the dba on social media! @Dayton_Bar


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


1204 East Dorothy Lane: Four offices available at $500/month/office. Furnished or unfurnished. Take one, two, three or four offices. Rent includes all utilities, two remodeled baths, secretarial area, reception area, conference room; about 2400 sq. ft. Email dave@SchmidtDayton.com for info and pics.


Professional office space for lease on South Dixie, south of Dorothy Lane. Great location, convenient parking, large conference room, generous lease terms, other amenities. Offices are about 120 sq ft in size, starting at $400.00 per month. Contact Greg at (937) 294-2468 x205 or greg@ranac. com.

Paralegal Committee Meeting Join us as for this fun mix + mingle at our last committee meeting of the fiscal year.

BRIXX ICE COMPANY 500 East First Street | Dayton OH 45402 Thursday, May 17, 2018 | 6:00 PM


May 2018 Dayton Bar Briefs


2018 DBA

Celebrating Our Legacy and Embracing Our Future Thursday, June 14, 2018 5:30pm Sinclair Community College

Register Today! Reservation (1) $40 Table of (8) $320 (incl. list of names) Name Firm/Org Chicken



We are asking that you please Call or Email to submit your reservation/names for table and meal preference.

Honoring Brian L. Wildermuth Esq. year of service as 2017-18 DBA President.

Swearing in of David P. Pierce Esq. as 2018-19 DBA President and the 2018-19 Board of Trustees.

Tyler Wright twright@daybar.org 937.222.7902 26

Dayton Bar Briefs May 2018

You Don't Want to Miss the Pre


DAYTON Bar Association

Thursday, June 14, 2018

Sponsorship Opportunities Silver Level ($1,000): • Sponsor recognition on back cover of program • Sponsor recognition listed inside of program • Table of 8 at Annual Meeting Dinner • Recognition during dinner presentation • Logo/Name on electronic signage at dinner • Logo/Name on electronic signage at DBA (pre + post event) • Logo/Name on DBA website and other marketing • Recognition via print in (2) Dayton Bar Briefs magazine issues

Interested in Sponsorship? Contact:

Chris Albrektson, DBA Assistant Executive Director 937.222.7902 calbrektson@daybar.org

Bronze Level ($500): • Sponsor recognition listed inside of program • 4 seats at Annual Meeting Dinner • Recognition during dinner presentation • Logo/Name on electronic signage at dinner • Logo/Name on electronic signage at DBA (pre + post event) • Logo/Name on DBA website and other marketing • Recognition via print in (2) Dayton Bar Briefs magazine issues Patron Level ($250): • Sponsor recognition listed inside of program • 2 seats at Annual Meeting Dinner • Recognition during dinner presentation • Logo/Name on electronic signage at dinner • Logo/Name on electronic signage at DBA (pre + post event) • Logo/Name on DBA website and other marketing • Recognition via print in (2) Dayton Bar Briefs magazine issues

emier DBA Event of the Year! www.daybar.org

May 2018 Dayton Bar Briefs



Day Reporting Program


ver the last two years, I have used this space to inform the legal community of the Common Pleas Court, General Division’s efforts to establish a Day Reporting Center. The workings of this center have come to fruition largely through the efforts of the Court’s probation officers, the employees of the Brunner Literacy Center, Miami Valley Works and the numerous volunteers who work with our clients through these programs. At this time, I’d like to go back through the philosophy of the Day Reporting Center, its beginning, and where we are now. During the period between 1982 and 2007, the number of Americans incarcerated in prisons and jails increased a staggering 274%. The United States also witnessed a dramatic increase in the number of persons on community supervision during this time period, largely because of the collective belief that community-based supervision could alleviate prison overcrowding and increasing incarceration costs. Researchers, however, have determined that the increase in the community-supervised population is correlated with a subsequent increase in revocation rates, thus producing evidence that offenders revoked from community supervision comprise a significant portion of the incarcerated population. Recent statistics reveal that the percentage of parolees re-incarcerated after release currently stands at 32%. Although these rates have decreased since 2008, it is apparent that community re-entry continues to remain a difficult transition for offenders. As such, state criminal justice systems are faced with a difficult challenge: to obtain a decrease in the inmate population and an increase in rehabilitation efforts for community-supervised offenders while operating within fiscal limitations. Alternatives to incarceration have become a popular approach to deal with such a chal-


Dayton Bar Briefs May 2018

By Hon. Barbara P. Gorman, Presiding Judge Montgomery County Common Pleas Court, General Division

lenge and for good reason: they promise to reduce offender incarceration and recidivism while maintaining public safety and limiting state expenditures. Although many types of alternatives to incarceration exist (e.g., house arrest, halfway houses, electronic monitoring, drug courts, and diversion), one particular alternative that has gained notable attention over the last two decades is the Day Reporting Center. Day Reporting Centers (DRCs) are facilities that offer offenders rehabilitative programming and daily supervision. Offenders assigned to DRCs generally report during daytime hours and return home after daily programming is complete. Unlike other alternatives to incarceration, DRCs provide offenders with practical reentry programming while providing state criminal justice systems the opportunity to monitor and supervise offenders as they remain living within the community. Thus, DRCs are perceived to be cost-effective ways to manage offenders who are under community supervision. The Montgomery County Common Pleas Court-General Division opened the Day Reporting Program on the grounds of the Bennett J. Cooper Complex on January 9, 2017. This program is operated by the Adult Probation Department and is designed to address the re-entry population (exoffenders, probationers, parolees, homeless, etc.) and the community need for access to social services. It is also in close proximity to the Secure Transitional Offender Program (STOP), which is the Court’s residential drug and alcohol intervention program for male and female offenders. STOP provides programming and services for male and female offenders that are on probation supervision to the Court. STOP is utilized as a cost effective alternative to incarceration and was implemented to assist in reducing crowding in the Montgomery

County Jail and the Ohio Department of Rehabilitation and Correction. The Court sanctions offenders to STOP in lieu of a 180 day sentence to the jail or a prison sentence. The Day Reporting Program provides the Judge with yet another sentencing option for up to 180 days. The offender would be required to attend the program a minimum of 30 days, unless otherwise specified by the Judge. The Day Reporting Program is an on-site cognitive restructuring program designed to change an offender's adverse thinking patterns, provide education and job training to enable long-term employment, and hold unemployed offenders accountable during the day. The Day Reporting Program’s activities help reduce offender rearrest, assist offenders in successful re-entry by providing needed services, and increase public safety by holding offenders accountable. These goals are achieved by providing skill-based learning opportunities, educational and vocational training, and intensive community supervision. An offender is ordered to report to the Day Reporting Program 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. The Court received the 2016 Innovation Grant sponsored by the Supreme Court of Ohio and secured funding to implement a literacy program. Since the Day Reporting Program opened, we have contracted with Brunner Literacy Center to provide one-on-one tutoring at the facility. The Court has been able to maintain the funding through the generosity of the Montgomery County ADAMHS Board. To date, they have tutored 346 offenders. Fifty-one (51) offenders have actually obtained their GED. It was never the intention to have offenders receive their GED, but rather to increase literacy skills in general. Seeing a need, the employees,

continued on page 29


FROM THE JUDGES DESK: Day Reporting Program continued from page 28

center, and volunteers filled that void and our success has exceeded expectations. The State Board of Education has approved this location as a GED testing site. Without the assistance of Brunner Literacy Center through specialized tutoring, the overall improvement of reading skills, as well as the success rate for GEDs, would not have been possible. The Day Reporting Program had over 12,000 visitors to the facility in the first year of operation. The Day Reporting Program has continued to provide additional services to at least half of the graduates from STOP (approximately 400 offenders) who are in need of wrap-a-round services. The services include substance abuse/mental health treatment, housing assistance, legal aid, medical evaluation, and employment services. Goodwill Easter Seals’ Miami Valley Works program has been identifying offenders to participate in their orientation program. Miami Valley Works has indicated that the offenders can really look forward to a career, not just a job, through the benefits of their program. Through the community supervision and wrap-a-round services that are provided by the Day Reporting Program, the number of community control violator commitments to prison are being reduced. The Montgomery County Common Pleas Court-General Division cannot continue to rely on the jail and prison as its main sanctions for non-violent offenders. To improve public safety, the Day Reporting Program will continue to be a multi-agency, multi-service facility that focuses on building positive relationships within our community.


The DBA First Annual


Thank you to all of the presenters and attendees for The First Annual Women in the Law Forum!

DAYTON Bar Association

May 2018 Dayton Bar Briefs



Another Year of Successful Campaigns Thanks to YOU! T

he generosity of foundations, law firms, individuals, and corporations generated a total of $1,159,866 in 2017 that will allow legal aid to expand legal representation of low-income Greater Dayton area residents over a five-year period. In addition, the separate annual campaign raised $176,000, funds that the legal organizations depend on each year to cover operating expenses. “The success of the 2017 campaigns was outstanding!” says Robert M. Curry of Thompson Hine LLP. Curry serves as vice president of the boards of Advocates for Basic Legal Equality, Inc. (ABLE) and Legal Aid of Western Ohio, Inc.(LAWO). He and Susan Bridgman, General Counsel & Chief Compliance Officer of Field Aerospace, served as co-chairs of the 50 Years of Fairness & Justice Campaign, in observance of legal aid’s milestone anniversary in Dayton. Bridgman also is the immediate past president of the Greater Dayton Volunteer Lawyers Project (GDVLP). “Many people thought that it couldn’t be done when we set a $1 million goal for the 50 Years of Fairness & Justice Campaign, but we raised $1,159,886,” Curry says. “They also wondered how it would affect the annual Campaign for Equal Justice. But, many people and organizations gave to both campaigns so the Campaign for Equal Justice secured $176,000 in donations that are so important to ongoing operations.” Bridgman says, “The funds raised by the 50th Anniversary Campaign allows us to do something that has never been done in Ohio - adding attorneys who will be exclusively dedicated to serving up to two of the most impoverished neighborhoods in our community. By partnering with other community agencies that address poverty issues, the new attorneys will holistically address poverty issues on an individual basis increasing the likelihood that those we serve will escape poverty.” Undertaking two campaigns at once was challenging, says Jeffrey T. Cox and Lynn Reynolds of Faruki Ireland Cox Rhinehart & Dusing PLL. They say it proves how much this community understands the need and supports our legal service organizations. Donations to the Campaign for Equal Justice included funds raised through events such as Justice on Tap!, headed by Shannon Bockelman and Christina Back last year, and the Access to Justice Awards Celebration, for which Merle Wilberding and Susan Newhart Elliott were co-chairs. Annual campaign funds are divided equally among the GDVLP, ABLE, and LAWO. Lynn Reynolds is co-chair of the annual campaign again this year. Nicholas Gounaris of Gounaris Abboud, LPA, joins her as a co-chair. Reynolds says it is important for people to understand how the funds will be designated and the crucial need for them to donate to the annual campaign. Reynolds reminds supporters that ABLE, LAWO and the GDVLP still count on the Campaign for Equal Justice for operating expenses. The 2018 campaign will launch on Law Day, May 1, with a $200,000 goal. “We are elated with the outcome of the 2017 campaigns and hope that we will continue to receive support from the community this year and beyond as we use cutting-edge approaches to target barriers to 30

Dayton Bar Briefs May 2018

moving out of poverty,” says Janet E. Hales, ABLE’s executive director. “With the 50th anniversary funds we will be hiring two new attorneys and one paralegal to help.” Kevin C. Mulder, LAWO executive director, says lawyers from LAWO, the GDVLP, and ABLE address clients’ legal issues that interfere with safety, stability, and opportunity. That strengthens individuals, households, and our community. Donations to the annual campaign will allow the organizations to continue their work.

Donors of the 2017 campaigns were recognized at a Donor Impact Reception at the Schuster Performing Arts Center on March 28. Major contributors to the Campaign for Equal Justice received awards. A permanent donor wall acknowledging gifts to the 50 Years of Fairness & Justice campaign is installed in the lobby of ABLE and LAWO. The ABLE and LAWO boards and staff are recognized for 100 percent giving on a conference room display.




law-related organizations Dayton Bar Association Foundation

Your generous gift will make a difference.

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

To obtain more information about the Dayton Bar Association Foundation

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

- Greater Dayton Volunteer Lawyers Project - Advocates for Basic Legal Equality (ABLE) - Legal Aid of Western Ohio (LAWO) - Life Essentials Guardianship Program - Law & Leadership Institute - Tejas K-12 Gallery - NCCJ Police and Youth Camp - Wills For Heroes

University of Dayton School of Law

Greater Dayton Volunteer Lawyers Project

Why and How SS+D Volunteers to Support the GDVLP F

irst, the Why: Because it’s the right thing to do. Sebaly Shillito + Dyer (“SS+D”) has a strong sense of community and history of providing volunteer services to the Greater Dayton Volunteer Lawyers Project (“GDVLP”). Our attorneys, paralegals, and legal assistants volunteer time in a variety of ways, from traditional pro bono representation to non-legal support, such as assisting pro-se litigants prepare filings at a monthly clinic for juvenile court. For those of us in the legal world, particularly newcomers, volunteering affords an opportunity to interact with members of the community and hone communication skills vital to our profession. When we volunteer at the GDVLP we have the opportunity to break from our traditional roles and practice areas and get the opportunity to meet and help members of our community who are most vulnerable. We certainly think our “regular jobs” are important, but this work reminds us of issues that impact our community on a wide scale. For example, at the monthly pro-se clinics, we see many non-parents filing for custody due to the opioid epidemic plaguing the Miami Valley and beyond. SS+D volunteers get the opportunity to help grandparents, aunts, uncles, and other family members step in and make a difference in the lives of children who need a stable home.

Upcoming GDVLP Clinic Dates: May May 3: Post-Divorce Pro Se Clinic @ 2pm (GDVLP) May 14: Criminal Record Sealing Pro Se Clinic @ 4pm (GDVLP) May 15: Debt Collection Defense Clinic @ 3pm (GDVLP) May 23 Juvenile Court Pro Se Clinic @ 4pm(GDVLP)

By Elizabeth C. Sandhu Esq. Sebaly Shillito + Dyer, A Legal Professional Association

The reasons “Why” extend well beyond those above. I asked our dedicated volunteers “Why” and they offered the following thoughts: • It is incumbent on us to give back to the community. I find the interactions in the clinic exceptionally rewarding. While the pro-se litigants are there to obtain support, I derive encouragement and education from them in dealing with the issues that brought them to the GDVLP in the first place. • It is an easy way for me to fulfill my obligation for pro bono work, but more importantly, I leave each clinic feeling like I’ve been able to help a family in need. • It’s a great opportunity to learn something new. • As a new associate, I get the opportunity to hone and practice my communication skills. I get immediate feedback from people who are very appreciative. • To make a positive influence, help someone going through a difficult time, and hopefully make it an easier and less traumatic process. • It provides a great opportunity to meet and mingle with other members of the legal profession. • It gives me an opportunity to help those in need and, while I may not be directly able to fix their issues, we can provide a comforting and non-judgmental environment for those who are struggling through the judicial process.

Now, the How:

GDVLP has volunteer opportunities for all levels of experience and time availability. I encourage everyone in the Dayton legal community (attorneys, paralegals, legal assistants, and students alike) to volunteer through the GDVLP by contacting the GDVLP at (937)461-3857 or email: gdvlp@gdvlp.org.

June June 6: Post-Divorce Pro Se Clinic @ 4pm (GDVLP) June 15: Juvenile Court Pro Se Clinic @ 1pm (Day Reporting Center) June 19: Debt Collection Defense Clinic @ 3pm (GDVLP) June 21: Criminal Record Sealing Pro Se Clinic @ 2pm (GDVLP) June 27: Juvenile Court Pro Se Clinic @ 2pm (GDVLP) www.daybar.org

May 2018 Dayton Bar Briefs


members on the move DAYTON Bar Association

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

The Legal Marketing Association has selected DINSMORE as one of two winners for large-scale technology project execution as part of its 2018 Your Honor Awards. The award recognizes the design and development of the firm’s recently revamped website, one of two honored in its category out of 16 entries. "The new website offers our attorneys a terrific platform to highlight their experience and skills and does a great job of showcasing Dinsmore’s commitment to serving our clients nationwide," said George Vincent, Dinsmore's Managing Partner. The LMA Your Honor Awards program recognizes excellence in legal marketing by promoting projects and programs that showcase innovation and return on marketing dollar investment.


Auman, Mahan & Furry is pleased to announce that ATTORNEY MATT J. BAKOTA became a Senior Associate on April 1, 2018. Matt joined the firm in 2014 and practices in the Labor & Employment group. He is licensed in Ohio and Kentucky. He also is certified as a Professional in Human Resources (PHR) through the HR Certification Institute, and as a Civil Rights Investigator through the Association of Title IX Administrators. Matt is an active member of many local professional groups, including the Miami Valley HR Association, where he serves on the Executive Board as VP-Programming.



HON. ERIK R. BLAINE was selected as a 2018 Ohio Super Lawyers Rising Star for the Civil Litigation work he did with the law firm Wright & Schulte before taking the bench. Judge Blaine was previously honored as an Ohio Super Lawyers Rising Star for the Civil Litigation for the years 2015, 2016, and 2017. BLAINE WHITE


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


Dayton Bar Briefs May 2018

Faulkner, Garmhausen, Keister & Shenk, A Legal Professional Association, Sidney, Ohio, is proud to announce that PHILIP M. BORGER recently became an associate at the firm. Mr. Borger graduated cum laude from the University of Dayton with a Bachelor of Arts degree in Economics, graduated summa cum laude from Ohio University, E.W. Scripps School of Journalism with a Master of Science degree, and graduated from the University of Cincinnati College of Law in 2009. Prior to joining the firm, Mr. Borger worked for a law firm in Dayton. His areas of concentration will include corporate and commercial law, estate planning and probate.

The Centerville Education Foundation has selected Taft Stettinius & Hollister LLP ATTORNEY ZACHARY S. HECK to receive the distinguished 2018 Citizen Advocate Award. Heck, who is currently serving as the Centerville High School Mock Trial Team’s Coordinating Legal Advisor, has been praised by students and faculty for his commitment, enthusiasm and work ethic. Heck joined the 2018 recipients of the Distinguished Alum and Outstanding Student awards during a reception hosted by the Centerville Education Foundation on Tuesday, April 24th at the Yankee Trace Golf Club. Heck and fellow award winners will be displayed permanently in the Centerville Education Hall of Fame. Auman, Mahan & Furry is pleased to announce that ABBIE K. WHITE became a Shareholder on April 1, 2018. Abbie joined the firm in 2007. She concentrates her practice in Workers’ Compensation and OSHA defense. She is licensed to practice law in Ohio and is also admitted to practice before the U.S. D.C. for the Southern District of Ohio. Abbie is a member of the Ohio State and Dayton Bar Associations. She has been recognized as an Ohio Super Lawyer “Rising Star” since 2014.

advertiser index Eikenbary Trust...............................25

OBLIC.................................back cover

Ed Smith for OSBA President........11

R.L. Emmons & Associates.............11

Ferneding Insurance.........................8

Rogers McNay Insurance.................5

LCNB Bank..........................................7

Thomas P. Whelley II Mediations.29

National Processing Solutions.......9

Trisha M. Duff - Mediations...........19


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

PLATINUM PARTNERS Jack W. and Sally D. Eichelberger Foundation

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

Eichelberger Foundation Estabrook Charitable Trust

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

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

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



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


Profile for Dayton Bar Association

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May 2018 Dayton Bar Briefs Magazine

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May 2018 Dayton Bar Briefs Magazine