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The Magazine of the Dayton Bar Association | OCTOBER 2017 | Vol. 67, No. 2

25th Annual Bench Bar Conference

Criminal Justice, Civil Consequences and Hot Topics 2017 Friday, November 3, 2017 Sinclair Community College, Building 12

Early Bird Rate Ends October 16th! *Parking & Lunch Included! *view details on page 17



Bar Briefs

October 2017 | Vol. 67, No. 2

Dayton Bar Association Board of Trustees 2017 – 2018

Brian L. Wildermuth President

David P. Pierce First Vice President

Hon. Mary L. Wiseman Second Vice President

Cara W. Powers Secretary

Jonathon L. Beck Treasurer

Cassandra L. Andres Rice Member–at–Large

Angelina N. Jackson Member–at–Large

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

Fredric L. Young Member–at–Large

Susan D. Solle

Immediate Past President

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


Features 4 TRUSTEE'S MESSAGE: How Can We Help You?

By David P. Pierce Esq.



By Christina M. Spencer Esq.



Don't get a Demand Letter, Pay Your Paralegals Overtime (Or hide this Article from your Staff )

By Adam R. Webber Esq.



By Zachary S. Heck Esq.



By Kelly A. Henrici Esq., gdvlp exec. dir.



A View from the Bench

By Hon. Steven K. Dankof


Fri. October 13th | Doors open at 11:30am | The Old Courthouse



Fri. October 20th | 8:00-9:00am | Sinclair Community College, Bldg 12



Thurs. October 26th | 5:30-7:30pm | DBA Seminar Room Speaker: Nathan (Nat) Croumer Esq., WilmerHale Topic: Building a Book of Business


Sally Dunker, Executive Director Shayla M. Eggleton, Publications Manager Phone: 937.222.7902 Fax: 937.222.1308

The contents expressed in the publication of DAYTON BAR BRIEFS do not necessarily reflect the official position of the Dayton Bar Association.

Dayton Bar Briefs October 2017

October Inn of Court Open to DBA Members as Celebrate Pro Bono Event

Wed. October 11th | Doors open at 11:30am | Sinclair Community College, Bldg 12 This Years Honorees: Wayne H. Dawson, Esq.; Hon. Robert L. Deddens; Patrick A. Flanagan, Esq.; Thomas A. Holton, Esq.; Hon. John M. Meagher; Paul B. Roderer, Esq.; Charles J. Roedersheimer, Esq.; Joel S. Shapiro, Esq. and James I. Weprin, Esq.



i ls S for Legal Professiona

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A The

oci atio n






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


Eichelberger Foundation Estabrook Charitable Trust

Faruki Ireland Cox Rhinehart & Dusing P.L.L. Jack W. and Sally D. Eichelberger Foundation

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

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

• Women in Law Forum

Estabrook Charitable Trust

Administered by Porter Wright Morris & Arthur LLP | Bruce Snyder - Trustee

Annual Grants to the DBA (This support makes these events affordable for all members): • Bench Bar Conference • Diversity Day • Annual Meeting

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

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

Gold Partner Thompson Hine LLP

Thompson Hine LLP www.thompsonhine.com

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

Contact Sally Dunker at sdunker@daybar.org or 937.222.7902 for information about becoming a Annual Partner. www.daybar.org

October 2017 Dayton Bar Briefs



How Can We Help You? By David P. Pierce Esq. First Vice President Coolidge Wall Co., LPA


ne of my favorite Labor and Employment lecturers is the high energy David Fram of the National Employment Law Institute. Fram’s advice to employers whenever they are confronted with issues under the Americans with Disabilities Act, is to tell them to immediately ask the affected employee, “How can I help you?” Per Fram, a reasonable request back from the employee should be granted. Why am I sharing this good employment advice with you, the members of the DBA? I submit that we need to offer to assist our fellow lawyers in their times of trouble, at least as much as my employer clients should assist their employees. We cannot ignore that there may be times when lawyers in our community need such assistance. In the most serious of cases, our brothers and sisters of the bar may be suffering from any number of substance abuse or mental health issues. In other cases, they may simply be struggling with the stress or complexities inherent in the practice of law. In August of 2017, the ABA released a document recommending change within the legal profession entitled, The Path To Lawyer Well-Being. The cover letter accompanying this document observes that “to be a good lawyer, one has to be a healthy lawyer. Sadly, . . . [t] oo many lawyers and law students experience chronic stress and high rates of depression and substance abuse.” In September, the ABA’s warning hit close to home when one of the DBA’s younger members took his own life. In a heartfelt message to members of the Juvenile Law Committee, Magistrate Gerald Parker summed up what many of us felt:

We are a tight community within a larger community that I hope will reach out to one another if you feel they are struggling and seeking help. . . [I]t is more than necessary that we inquire on how we are doing and more importantly, take time to listen to the answer.

This topic is timely now not only because of the above recent death but also because September was National Suicide Prevention Awareness Month. According to Scott Mote, Executive Director of the Ohio Lawyers Assistance Program (OLAP), approximately 80% of 4

Dayton Bar Briefs October 2017

all OLAP files involve either mental illness as a standalone condition or mental illness in connection with a dual diagnosis such as alcohol or drug abuse. We need to do all that we can to identify, prevent, and cure such illness. I would suggest, however, that the “help” that we can offer one another is broader than suicide prevention and awareness. Last month, DBA President Brian Wildermuth wrote about the need for the DBA as an entity to reach out to millennial lawyers and to try to understand them. The reality is that far too many of these younger lawyers may be drowning in student debt or struggling to attract clients. These and other struggling attorneys are in need of your help as mentors and maybe as Magistrate Parker notes as “counselors.” Those who have been practicing for a while (note the avoidance of the term “mature lawyer”) can assist newer lawyers by serving as a mentor through a formal or informal program. One such program is the Supreme Court Lawyer to Lawyer mentoring program, which offers CLE to both parties who participate in the mentoring curriculum. Information about this program can be found on the Supreme Court Website: www.supremecourt.ohio.gov. Participation through a formal mentoring program is of course not the only way that we lawyers can assist one other. The truth is many lawyers and judges are willing to assist other members of the bar with a variety of personal, ethical, and even substantive legal issues but often these lawyers and judges aren’t approached by those in need because they are intimidated or apprehensive. To these lawyers in need, I would urge you to ask for help. There is nothing more flattering to a judge or experienced professional than to be approached by someone with the simple statement that “I need your advice.” You will be surprised by how often that statement generates the response “How can I help you?”


Ohio Lawyers Assistance Program OLAP The Ohio Lawyers Assistance Program is a private, non-profit organization dedicated to helping Ohio's judges, attorneys and law students obtain treatment for substance abuse, chemical dependency, addiction, and mental illness. Services offered through OLAP: - Confidential advice about individual problems - Help arranging and implementing formal interventions - Help in deciding between outpatient, inpatient, and other treatment programs - Monitoring and aftercare services

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

Professional Investigative and Legal Support Services Firm  Polygraph  Asset Searches  Criminal Defense  Process Service  Witness Locates / Interviews  Surveillance

If you or a colleague you know need help, contact OLAP. Your confidentiality, the confidentiality of anyone about whom you express concerns will be protected. OLAP Toll-Free Helpline is open 24/7 800.348.4343 www.ohiolap.org


 Civil Case Prep  General Investigation DAYTON: 937 / 438–0500 Fax: 937 / 438–0577

October 2017 Dayton Bar Briefs



LuAnn Stanley Esq.

A “A

ll the world’s a stage, And all the men and women merely players; They have their exits and their entrances, And one man in his time plays many parts,” wrote William Shakespeare in As You Like It. Lu Ann Stanley, a lover of all things Shakespeare, has played many parts in her lifetime. Lu Ann is an attorney at Coolidge Wall Co., L.P.A., one of the oldest law firms in the State of Ohio, where her practice is concentrated in estate planning, estate tax, and probate law. For Lu Ann, the practice of law was a calling. Growing up, she had an affinity for debate, and the legal profession, she commented, “was a natural fit for me.” “My dad once told me that I would be a great attorney because I liked to argue so much.” Given her interest in structured argument and reason, Lu Ann’s decision to go to law school was a natural one. Prior to law school, however, Lu Ann’s adventures were notable. Attending Miami University for undergrad, Lu Ann competed on the university’s gymnastics team, lived in The Pit and The Hut Hut, ran a photography business for fraternities and sororities, and served cocktails at The King of Clubs. After graduating from Miami, Lu Ann was hired by E.F. McDonald and spent the next several years traveling the world as a member of the company’s travel staff. During a month’s stay in Yugoslavia, she crossed the Stari Most, a bridge built in the 15th century in the ancient Ottoman city of Mostar that was destroyed in the Balkan Wars, rebuilt, and is now an Unesco Heritage Site. In 1985, Lu Ann received her Juris Doctor degree, cum laude, from The University


Dayton Bar Briefs October 2017

of Toledo College of Law, where she also served as an officer of the Phi Alpha Delta Law Fraternity. While at UT, she clerked two years for tax professor Gerald Moran. Indeed, though the art of debate was the catalyst to Lu Ann’s first steps into the legal profession, Professor Moran was the driving force behind Lu Ann’s practice today. “It was a challenge and a joy to work for Professor Moran and I still count him as one of my greatest mentors and friends,” she said. Professor Moran’s tax courses serve as the foundational blueprint for Lu Ann’s estateplanning practice, as she uses complex estate, gift and income tax techniques to produce estate plans for her clients. Prior to joining Coolidge Wall, Lu Ann practiced law at Flanagan, Lieberman, Hoffman and Swaim with the late James Swaim (whom she recalls as an incredibly generous colleague), Dennis Lieberman, Brad Smith, Pat Flanagan, and one of her closest friends, Chuck Geidner. When Lu Ann joined Coolidge Wall, she had the privilege of working with a number of Super Lawyers including Scott Blackburn, Joe Gruenberg, and Sam Warwar. She added that, “with Chad Hansen at the helm of the Tax & Estate Planning Group, I believe that Coolidge Wall has the Dayton region’s largest and most experienced estate planning and tax team.” Lu Ann’s practice also takes her to the Montgomery County Probate Court where she recently won a large award for a trust beneficiary whose funds were misappropriated by the Trustee. (She has fond memories of Judge George Gounaris who held hearings in his chambers and passed out recipes that he kept in his desk drawer. She still uses his Easter ham recipe). In 1992, Lu Ann met her husband, Steve Stanley, when both were on the Democratic Party Issues Committee. (Steve is now the Executive Director of the Montgomery County Transportation Improvement District.) They married soon afterward and, in 1994, their son, Sam, was born. “I was President of the Dayton Women’s Bar Association at the time. Sam’s birth changed everything for me. It was like the tornado scene in The Wizard of Oz when Dorothy opens the door to the Land of Oz. Life was black and white until Sam was born and after that, Technicolor! Life truly was beautiful. And let me just say that comparing Sam to a tornado is an apt metaphor.”

Lu Ann made the decision to work part time which allowed her to be involved in her son’s activities. She was active with the Oakwood Junior and Senior High wrestling and football teams while Steve coached Sam to Nationals in Public Forum Debate. “Steve and I are so proud of Sam”, she said. He recently graduated summa cum laude with a degree in microbiology from the University of Alabama, is conducting Parkinson’s disease research, and is finishing his STEM/M.B.A. while applying to MD/PhD programs. “He announced at the age of three that he wanted to be a doctor and has never wavered from that goal. We always joke that, with his handwriting, he’s a natural.” In addition to practicing law and having proudly raised a successful son, Lu Ann makes it a priority to be active in the Dayton community. She was recently appointed to The Women’s Board of The Dayton Children’s Hospital. The Women’s Board consists of 40 volunteers whose major fundraising event, cha|cha, raised over $600,000 in 2017 for a new transformative nurse call system, placing Dayton Children’s Hospital among some of the country’s leading children’s hospitals. “This is an exciting opportunity to work with a group of terrific women to achieve an incredibly important goal,” she said. She also just completed four terms as President of the Wright Memorial Public Library in Oakwood, is the acting Secretary, and is a past-President of the Wright Library Foundation Board. The Library was recently awarded a $250,000 grant by the Jack and Sally Eichelberger Foundation Trustees, Dave Greer, Gary Froelich, and Neal Zimmers, to refurbish and renovate the historic areas of the Library and Lu Ann is working with Director Kristi Hale and fellow board members to bring the project to fruition. Like most lawyers, Lu Ann loves to read. She is a member of the Merry Readers Book Club, which began in 1996 and whose members include lawyers and close friends Lynn Readey, Sandi Anderson, Deb Hunt, Gary Hunt, Mike Moloney, John Tate, Jim Dyer, Gayle Finley, Tom Green, and the late, much loved, Carley Ingram. She is also a member of the Coollaw Book Club chaired by Notre Dame grad, Super Lawyer, and prolific author, Merle Wilberding.

continued on page 7


BARRISTER OF THE MONTH: LUANN STANLEY ESQ. continued from page 6 A huge fan of the University of Alabama football team, Lu Ann’s office is decorated with Bama memorabilia including a personally autographed photo of Nick Saban. She also has footballs autographed by Coach Saban, Heisman Trophy winner Derrick Henry, and Quarterback Jalen Hurts. “I don’t bring those to the office,” she laughed. “Who knows where they might end up. Maybe the men’s room.”


The Stanley family vacations at Bald Head Island every summer with a large group of family and friends including Lu Ann’s mother/best friend, Kathryn Randall, and then heads to Canada to the Shakespeare Festival in Stratford, Ontario. “We agree that Hamlet and Macbeth are the best plays, that Romeo and Juliet is never well staged, and that anything with a roman numeral in the title gets a pass.”

Lu Ann Stanley is an exemplary lawyer, a kind heart, and a joy to all who encounter her. There can be no doubt that Dayton Bar is fortunate to have her. Thank you, Lu Ann, for all you have done and all you continue to do for your clients, your family, the Dayton Bar Association, and the Dayton community at large.

By Christina M. Spencer Esq. DBA Editorial Board Hollingsworth & Washington, LLC

October 2017 Dayton Bar Briefs



Don’t get a Demand Letter: Pay your Paralegals Overtime (Or Hide this Article from your Staff )


ver the past year, I have received inquiries from two paralegals in the Greater-Dayton area complaining that they were not being paid overtime by their attorney-employers. Its my hope, Dear Readers, that those will be my last. For much of the past two decades, the Federal Fair Labor Standards Act (“FLSA”) gathered dust with little regulatory or legislative attention. This 78-year old law provides us with most of our fundamental employment laws: employees get time-and-a-half wages for hours worked over 40; there is a minimum wage; minors cannot work dangerous jobs; tipped employees make less than the normal minimum wage; etc. This article concerns the FLSA’s requirement that time-and-a-half overtime wages be paid for hours worked over 40. That requirement is subject to a long list of exemptions based on the nature of the job. But the most common exemption (and the one that concerns us) is for executive, administrative, and professional workers. To be exempt from overtime, an “executive, administrative, and professional worker” is one who: 1) Is paid on a salary basis of no less than $455 per week (the salary basis test) and 2) Performs certain types of work that: a. is directly related to the management or general business operations of their employer's business, or b. requires specialized academic training for entry into a professional field . . . (the duties test).

Importantly, the employer bears the burden of proving that the employee meets both the salary test and the duties test. Over the past year, the salary basis exemption has occupied the headlines and been the cause of much debate. In early 2016, by Presidential Administrative Order, President Obama ordered the Department of Labor to increase the “salary basis” test from $455/week ($23,660/year) to $913/week ($47,476/year). As of early December, 2016, this nation-wide administrative rule change was halted by a federal judge in Texas while it considered whether the DoL is able to effect this change without Congressional authority. On August 31, 2017, summary judgment was granted in that case, effectively blocking the proposed increase. For now, the salary basis test remains in place. Even if you pay your paralegal a salary above the FLSA salary threshold, however, your paralegals and administrative assistants are almost certainly owed overtime for hours worked over 40. Paralegals rarely meet the “duties test.” First, paralegals and legal assistants generally do not perform work “directly related to the management of their employer's business.” To meet this requirement, an employee must perform work directly re8

Dayton Bar Briefs October 2017

By Adam R. Webber Esq. Vice Chair, Labor & Employment Falke & Dunphy, LLC lated to assisting with the administration of the business. An employee’s primary duty must include the exercise of discretion and independent judgment with respect to matters of significance. In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct and acting or making a decision after the various possibilities have been considered. The term ‘matters of significance’ refers to the level of importance or consequence of the work performed. 29 C.F.R. § 541.202(a). But—you might argue—your paralegal or legal assistant prepares and sends out client invoices, pays the electric bill, orders office supplies, and all other manner of back-office administrative items.

continued on page 19

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Rising Star

above the Bar

Angelina N. Jackson Esq.


y and large, with rare exceptions, most lawyers will tell you that they went to law school to help people in need. Indeed, the best "war stories" that lawyers have are stories where hard work resulted in helping a client in dire need. If we look around our community, and are honest with ourselves, we see many people in dire need of an advocate. Conditions such as homelessness, drug dependency, alcohol addiction, and mental health challenges often contribute to incarceration for society's most vulnerable citizens. Citizens in need of an advocate. Lawyers come in all different stripes, but our profession carves out a space for advocates to take these causes head on and provide help for those in the most need. The legal profession guarantees that for those who cannot afford private representation, attorneys will be provided who will treat them with the respect and dignity they deserve as human beings. Attorneys that will fight for their client's rights. In the local criminal justice system, these are the professionals at the Law Office of the Montgomery County Public Defender, and this month's Rising Star exemplifies its mission: Angelina Jackson. Angie grew up in Dayton as the oldest of four siblings. She attended Colonel White Performing Arts High School, and recalls being a very empathetic child. Her dad emphasized that all of his children follow the Golden Rule: treat others as you would like to be treated. Not only did Angie do her best to follow her dad's advice, but she felt comfortable calling out bullies who would degrade or pick on her friends and classmates. As she grew up, Angie felt driven to advocate for the victimized, and paid attention to social causes in her community and around the country. She fostered and nurtured this attitude through college at Florida A&M University, and then married it with legal analysis after graduating law school at the University of Cincinnati. Angie began her career in Cincinnati by practicing civil litigation and medical malpractice for a large firm with a national presence. Although Angie proved herself to be capable in the so-called "biglaw" environment, she found herself drawn towards public interest work.


Dayton Bar Briefs October 2017

Taking the skills she learned as a litigator in the corporate world, she volunteered as much time as she could taking on pro bono cases. Her passion, she soon learned, was in litigating the cases that directly affect the most vulnerable members of our society, and educating the public about the societal effects of laws that, in effect, criminalize poverty and disproportionately impact people of color. As a result, Angie soon found herself at the Ohio Justice and Policy Center ("OJPC") –a non-profit civil rights group providing zealous legal assistance and representation to those with minimal resources. At OJPC, Angie was tutored by an advocate that she would soon consider her greatest mentor: David Singleton. Mr. Single-

ton encouraged Angie to be a tenacious and creative advocate. He provided her with the framework to take on issues without fear, and the latitude to spread her own wings. Angie recalls that David encouraged OJPC staff to "imagine the impact of having your

continued on page 11


HERBERT M. EIKENBARY What is The Eikenbary Trust? The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/ reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance. Through the efforts of the Trustee's and the Dayton Bar Association's counsel, we have been successful with the Court to better effectuate the purpose of Mr. Eikenbary's Will by increasing the amount of loans made to young attorneys, which was originally only $500.00, to $4,000 per grant. The maximum available individual loans, are up to $6,000.00 at 4% interest. This is indeed a big difference from the original loan amount of $500, but the interest amount has remained the same so the financial burden will not be weighted heavily.

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

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


DBA RISING STAR: ANGELINA N. JACKSON ESQ. continued from page 10 lowest moment define the rest of your life." She carries this perspective in her current work with the Montgomery County Public Defender's Office. Angie admits, like all of us, she has made mistakes in her life. But while many of us are lucky to have those mistakes shape us, challenge us, and eventually raise us to new heights, far too many people suffer enormous consequences when their mistakes involve the criminal justice system. Angie keeps this at the forefront of her mind as she represents clients at risk for having their lowest moments define them. She understands that with every case, she is advocating not just for her client, but for her client's dignity and reputation in society. She is advocating for their right to be seen as human. Angie is currently assigned to the Dayton Municipal Court, where she works on housing, traffic, and misdemeanor matters. Like the rest of the nation, Dayton has been challenged by homelessness and poverty. Like many other communities, our laws often disproportionately affect those suffering from homeless and poverty. This is the effect on our neighbors that Angie sees every day. It is an effect that she and her colleagues fight against every day. As every first-year law student learns in the initial weeks of class, our justice system is at its best when both sides advocate zealously before a fair and impartial judiciary. Angie's role, in combatting the despair and hopelessness that so many community members feel, is to utilize her tenacity, fearlessness, and creativity to help her clients in their lowest moments and help bring about meaningful change. One of the cases Angie is most proud of brought about meaningful change for our community. In 2015, Angie represented Clayton Peck. Mr. Peck, homeless, had been arrested multiple times for soliciting others for money on a public sidewalk; in other words, "panhandling." Mr. Peck was holding a sign that read "Homeless God Bless Anything Helps." The Dayton ordinances at the time criminalized solicitation without a permit, even if the defendant was merely holding a sign. Angie filed a motion to dismiss the solicitation charges, arguing that Dayton's panhandling prohibitions were unconstitutional because they prohibit speech based on content. The State of Ohio dismissed charges before a ruling could be issued, but the City of Dayton subsequently repealed www.daybar.org

its panhandling ordinance after the constitutional challenge was raised. Angie believes that anti-panhandling laws and other minor "quality of life" offenses hurt, rather than help, our community. As a result of her dedication and passion, she has earned the respect of her colleagues in both the Public Defender's Office and the County Prosecutor's Office, as well as the judges she is assigned. Not every one of Angie's cases ends in victory. But at the same time, they do not all end in loss. Instead, with every case, Angie's clients know that they have an attorney that will treat them with respect and dignity and will fight to make sure that the justice system will look at them with the same respect and dignity. This is the advocacy that popular culture often refers to as "fighting the good fight." Indeed, for many of us, social and public interest work brought us to law school in the first place. Angie's advice for those lawyers craving the opportunity to "fight the good fight," as she felt years ago, is to just go for it and follow that passion; be true to yourself and trust in that. It can be hard to switch gears, but Angie stands as an example that it can be done and it can be worthwhile for those who believe public interest work is their calling. Angie's passion has led her to a good life here in the Dayton Community, where she raises her daughters, Amaia and Isla, and encourages them to treat others the way they would like to be treated and to follow their passions. She enjoys the work she does; indeed, she thrives on it. Spending just five minutes with Angie, and determination to continue to work for change, will remind you about the role we each play in the legal profession. She will remind you that no matter your practice, or the role you play in the legal profession, ultimately the task of a lawyer is to help people.

By Zachary S. Heck Esq. Co Vice Chair DBA Editorial Board Faruki Ireland Cox Rhinehart & Dusing P.L.L. October 2017 Dayton Bar Briefs



CLE Season in Full Swing! Local | Convenient | Affordable October CLE Dayton Bar Association Appellate Practice Committee and the Ohio Second District Court of Appeals present:

Appointed Appellate Counsel Seminar

Friday, October 6, 2017 9:00-12:15 pm 3.0 CLE/NLT Hrs Seminar #1718-028 M $105 | NM $150 | PP $0

Those who should attend: Attorneys currently on the appellate appointed counsel list, attorneys interested in being added to the appellate appointed counsel list, and any attorneys who might benefit from learning about the appellate process in appointed cases. This CLE is related to criminal appointed appeals. Topics discussed will include tips on how best to represent indigent clients, the Anders brief process, summaries of significant Second District cases, appointed counsel fee documents, a survey of appellate practice in Ohio, and the appellate process from a prosecutor’s perspective.

Staying on Target: Recent Changes to Ohio’s Gun Laws Monday, October 23, 2017 Noon-1:00pm 1.0 CLE Hr General Seminar #1718-030 M $35 | NM $45 | PP $0 Presenter: Nadia A. Klarr Esq. Taft Stettinius & Hollister LLP This presentation will provide an overview of Ohio’s gun laws, including a discussion of open carry, preemption, legislative initiatives, recent updates to concealed carry laws, and penalties for violation of Ohio’s gun laws. This presentation has something for everyone, whether you’re a general practitioner, an employer, a firearm enthusiast, or a curious or concerned citizen.

AGENDA: 9:00-10:00am Tools from the Bench for Providing Indigent Clients with the Best Representation Possible Judge Mary E. Donovan; Judge Jeffrey E. Froelich; Judge Jeffrey M. Welbaum and Judge Michael L. Tucker. 10:00-10:30am The Appellate Process from a Prosecutor’s Perspective Andrew French, Esq. Chief, Appellate Division, Montgomery County Prosecutor’s Office 10:30-10:45am Break 10:45-12:15pm Perspectives on Appellate Practice in Ohio Craig Jaquith, Esq. Chief Counsel, Legal Dept Office of the Ohio Public Defender Jeremy Masters, Esq. Supervising Attorney, Legal Dept Office of the Ohio Public Defender Nikki Baszynski, Esq. Asst Public Defender, Legal Dept Office of the Ohio Public Defender

Thursday, October 19, 2017 12:00-1:00pm 1.0 CLE Hr Seminar #1718-034 M $35 NM $45 | PP $0 Presenter: Dan Gentry Esq., Coolidge Wall LP

In this informative seminar, Dan Gentry of Coolidge Wall LPA will present on the preference in the law for enforcing arbitration agreements, the intended benefits of arbitration (e.g., control, privacy, simplicity, efficiency, quality, neutrality, finality, and cost), how arbitration delivers on those benefits vs. court proceedings. In addition, he will offer thoughts and suggestions on drafting arbitration provisions and can discuss venues for administered arbitration.

Dayton Bar Briefs October 2017

Thursday, October 26, 2017 9:00-12:15pm 3.0 CLE Hrs Professional Conduct Seminar #1718-032 M $105 | NM $150 | PP $0 Presenters: John Ruffolo Esq., DBA Bar Counsel Glen R. McMurry, Partner Dungan & LeFevre Co, LPA During this program, presenters will speak on recent and common ethics violations and the ethical perils of social media. Is social media advertising? Are LinkedIn Endorsements really “endorsements?” Can my posts on Facebook subject me to ethical scrutiny by my local grievance committee? Am I “tweeting” away my license to practice law? Make no mistake, ethical violations associated with social media use are on the rise. For all of the utility social media brings our profession, it is important that we take steps to educate ourselves that the novelty of this technology comes at a price.

Private Arbitration Insights


Recent Ethics Violations & the Ethical Perils of Social Media

This program will provide a general overview and discuss the ethical considerations for the twenty-first century federal practitioner and judge associated with the use of social media. Utilizing a combination of interactive digital polling with the audience, recent case authority, hypotheticals, the Model Rules of Professional Conduct, and humor, participants will be guided through the ethical evaluation process associated with social media use, including evaluating which rules apply and when. This is a great opportunity to learn something new about the Ohio Rules of Professional Conduct and professional experiences.


25th Annual Bench Bar Ends October 16th! Early Bird Special Pricing M $150 | NM $250 | PP $30

25th Annual Bench Bar Conference

Criminal Justice, Civil Consequences and Hot Topics 2017

Friday, November 3, 2017 Sinclair Community College, Building 12

Honorable Richard S. Skelton

November CLE

25th Annual DBA Bench Bar Conference Criminal Justice, Civil Consequences & Hot Topics 2017


Friday, November 3, 2017 8:30-4:00pm 5.75 CLE Hrs Seminar #1718-009 Before October 16th EARLY BIRD SPECIAL: M $150 | NM $250 | PP $30 After October 16th M $200 | NM $300 | PP $30 Sinclair Community College, Building 12 *Parking and Lunch Included!

Please join us at the Miami Valley’s largest legal seminar for our 25th Anniversary! Plenary sessions will focus on “Criminal Justice, Civil Consequences and Hot Topics 2017”. Breakout sessions include local appeals, common pleas, bankruptcy, municipal, domestic relations, juvenile, probate and federal courts. You won’t want to miss this seminar!

The Rules of Evidence Series: Character & Impeachment (video replay)

Attorney Jeffrey R. McQuiston

8:30-4:00pm Seminar#1718-009 | 5.75 CLE Hours By Oct. 16th! M $150 | NM $250 | PP $30 After Oct. 16th M $200 | NM $300 | | PP $30 Co-Chairs: Hon. Richard S. Skelton & Jeffrey R. McQuiston Esq. Parking & Lunch Included!

Writing for Advocates with Judge Merz Wednesday, November 15, 2017 9:00-12:15pm 3.0 CLE Hrs / 3.0 NLT Hrs Seminar1718-037 M $105 | NM $150 | PP $0 Presenter: Hon. Michael R. Merz, US District Court This 3-hour seminar presented by Judge Michael Merz, will provide a judge’s perspective on what’s good, what’s bad, and what could be better in your written advocacy. Designed for new and experienced litigators, it will cover the following general areas: AGENDA: 9:00-10:00am Broad Perspectives; Authority 10:00-10:15am Break 10:15-12:15pm Style; Editing; and Technology

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

Wednesday, November 7, 2017 | 9:00-12:15pm 3.0 Hrs | Seminar #1718-041 Presenter: Hon. Mary Kate Huffman, Mont. Cty. Common Pleas Ct.

Tuesday, November 21, 2017 | 9:00-12:15pm 3.0 CLE Hrs Professional Conduct | Seminar #1718-043 M $105 | NM $150 | PP $0 Presenters: John Ruffolo Esq., DBA Bar Counsel; Glen R. McMurry, Partner Dungan & LeFevre Co, LPA

2017 Annual Elder Law Update

When you start running out of time...

CLE Favorite! *details on pg 16


Thursday, November 9, 2017 8:45-4:30pm 6.0 CLE Hrs Seminar #1617-036 M $215 | NM $300 | PP $30 Sinclair Community College, Building 12 *Parking and Lunch Included!

GO ONLINE! Anywhere you see this logo!

Take up to


hours self-study credit

October 2017 Dayton Bar Briefs


daybar.org/cle November CLE Most Common Ethics Mistakes Lawyers Make When Marketing Their Practice & The Ethics of Marketing Online to Millennials Tuesday, November 28, 2017 9:00-12:15pm 3.0 CLE Hrs Professional Conduct Seminar #1718-044 M $105 | NM $150 | PP $0 Presenters: Tres Homer, GNGF This CLE is two parts, the first focusing on attorneys navigating online presence ethically. The second part of this CLE is focusing on attracting the millennial generation in terms of working with them online as a prospect or a client. PART ONE: Most Common Ethics Mistakes Lawyers Make When Marketing Their Practice The year 2017 is here, and many things have changed with concerns to your online presence. We will walk you through the ethics of establishing a successful online marketing presence and show you how to utilize Google, Avvo, social media, and other tools that can boost your firm’s online prowess without violating your state’s professional rules of conduct. PART TWO: The Ethics of Marketing Online to Millennials Millennials are about to be the largest generation in the work force. Being digital natives this group has higher expectations of your web presence. We will walk through the expectations of the typical millennial user and show you the tools and technologies you should be incorporating into your online presence to attract this generation. Of course, with these new tools also come new ethic concerns with regards to marketing.

The DBA New Lawyers Division presents: New Lawyer Training: The Core Components

Wednesday, November 29, 2017 | 1:00-4:15pm 3.0 CLE hours General and 3 NLT hours including (1.0 NLT Professionalism, 1.0 Law Practice Mgt, 1.0 Client Fund Mgt) | Seminar #1718-046 M $105 | NM $150 | PP $0

Domestic Relations 101

Wednesday, November 29, 2017 | 1:00-4:15pm 3.0 CLE hours/3 NLT hours | Seminar #1718-047 M $105 | NM $150 | PP $0

plan ahead!!! December cle Federal Practice Update Tuesday, December 5, 2017 | 9:00-12:15pm 3.0 CLE Hrs | Seminar #1617-050 M $105 | NM $150 | PP $0 AGENDA: Welcome and Opening Remarks Victoria L. Nilles Esq. - Chair of the Federal Practice Committee Michael N. Rhinehart Esq. - Vice-Chair of the Federal Practice Committee 9:00-9:45am Year in Review of the U.S. District Court (Dayton) Panel: Honorable Thomas M. Rose & Honorable Walter H. Rice Moderator: Honorable Michael J. Newman This panel presentation will discuss recent issues concerning practice and procedures in the U.S. District Court in Dayton, and will address particular questions presented by attendees. 9:45-10:30am U.S. Supreme Court Review Honorable Sharon L. Ovington will review U.S. Supreme Court opinions issued since December 2016. This presentation will not only offer updates to federal practitioners on recent decisions, but will also identify developing trends. 10:30-10:45am BREAK 10:45-11:15am Federal Civil Procedure Update Honorable Michael J. Newman will present a detailed analysis of Civil Rules updates, the Local Rules, and how case law has developed over the past year. 11:15-12:15pm Practice Under the Local Rules of the Southern District and the Dayton Division Michael N. Rhinehart, Esq. of the United States District Court will discuss practice specific to the Local Rules of the Southern District of Ohio and the General Orders of the Dayton Division. 12:15pm ADJOURN

Crisis Communications & Management for Lawyers & Their Clients Tuesday, December 12, 2017 9:00-12:15pm 3.0 Hrs General CLE Seminar #1718-033 M $105 | NM $150 | PP $0 Presenter: *CLE FAVORITE! Bruce Hennes, Hennes Communications CLE Speaker Favorite!

Criminal Law Certification

Thursday, November 30, 2017 | 8:30-3:45pm 6.0 CLE Hrs/6 NLT Hrs | Seminar #1617-048 M $215 | NM $300 | PP $0


Dayton Bar Briefs October 2017

The traditional media and social media leaps on stories like these: Sexual misconduct… data theft… OSHA & discrimination complaints… active shooter… accusations of fiscal mismanagement… employee fraud… product defects… inappropriate police behavior… and The Wall Street Journal is holding on line 3 looking for comment…

AGENDA: - Understand the current media landscape (traditional media and new media) - Know how to establish and maintain “control of the message” - Better understand the challenges facing law firms and clients when faced with communicating during a crisis - Know how to make points with a reporter vs. simply answering questions - Promote positive collaboration between Legal and Communications functions


Professional Conduct Requirements We want to help you comply with your bi-annual requirements! A 3.0 hr Professional Conduct seminar is offered at least once a month!

*Most seminars listed below fulfill the biannual requirement for 2.5 hours of Professional Conduct:

Professional Conduct: The Top 10 Ethics Mistakes (video)

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

Recent Ethics Violations & the Ethical Perils of Social Media

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

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

25th Annual Intellectual Property for General and Corporate Practitioners

Most Common Ethics Mistakes Lawyers Make When Marketing Their Practice & The Ethics of Marketing Online to Millennials

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

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

Monday, September 25, 2017 | 1:00-4:15pm 3.0 CLE Hrs Prof. Conduct | Seminar #1718-033

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

Thursday, October 26, 2017 | 9:00-12:15pm 3.0 CLE Hrs Prof. Conduct | Seminar #1718-032

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

Tuesday, November 21, 2017 | 9:00-12:15pm 3.0 CLE Hrs Prof. Conduct | Seminar #1718-043

Friday, December 29, 2017 | 9:00-12:15pm 3.0 Hrs Prof. Conduct | Seminar #1718-070

Tuesday, November 28, 2017 | 9:00-12:15pm 3.0 CLE Hrs Prof. Conduct | Seminar #1718-044

New Lawyer Programs

The DBA offers programs designed to satisfy the Supreme Court of Ohio New Lawyer Training Requirements. Those that have been practicing for less than two years can receive special rates on these and other CLE programs!

*New Lawyer Training (NLT) credit is pending for the following CLE programs:

Dayton Bar Association Appellate Practice Committee and the Ohio Second District Court of Appeals present:

Appointed Appellate Counsel Seminar

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

Writing for Advocates with Judge Merz

25th Annual Intellectual Property for General and Corporate Practitioners

The DBA New Lawyers Division presents:

New Lawyer Training: The Core Components (video)

Friday, October 6, 2017 | 9:00-12:15pm 3.0 Hrs / 3.0 Hrs NLT | Seminar #1718-028

Wednesday, November 15, 2017 | 9:00-12:15pm 3.0 Hrs | Seminar #1718-037

New Lawyer Training: The Core Components

Wednesday, November 29, 2017 | 9:00-12:15pm 3.0 Hrs and 3.0 Hrs NLT incl. (1.0 NLT Prof., 1.0 Law Practice Mgmt., 1.0 Client Fund Mgmt.) Seminar #1718-046

Domestic Relations 101

Wednesday, November 29, 2017 | 1:00-4:15pm 3.0 Hrs / 3.0 Hrs NLT | Seminar #1718-047

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

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

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

Domestic Relations 101 (video)

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

Criminal Law Certification

Thursday, November 30, 2017 | 8:30-3:45pm 6.0 Hrs / 6.0 Hrs NLT | Seminar #1617-048


October 2017 Dayton Bar Briefs



2017 Annual

Elder Law Update

Thursday, November 9, 2017 8:45-4:30pm | 6.0 CLE Hrs Seminar #1617-036 M $215 | NM $300 | PP $30 Sinclair Community College, Building 12 *Parking and Lunch Included! Register online: www.daybar.org/cle Call to Register: 937.222.7902


Defining Elder Law; Medicaid Coverage for Nursing Homes; Countable Resources and Exempt Resources Michael J. Millonig Esq.: Certified as an Elder Law Attorney by the National Elder Law Foundation, OSBA Board Certified Estate Planning Trust and Probate Specialist; C.P.A. Inactive.


The Changing Landscape of Long Term Care Insurance As America ages, senior care options are beginning to make the head lines. Eighty million baby boomers are beginning to grapple with one major health expense that could wipe out their financial portfolio: long-term care. Randolph W. Gallas, CLTC, LTCP, is the owner of the Long Term Care Insurance Agency, LLC in Kettering, Ohio. He is an active member of the American Association for Long-Term Care Insurance (AALTCi) and a member of the Center for Long-Term Care Reform.

10:45am BREAK 11:00am General eligibility rules for home and community based waiver Medicaid programs - PASSPORT, Assisted Living, the Home Care waiver, and the DD waivers. This discussion will include the income and asset limitations, level of care, getting a care plan in place, patient liability, and appealing the decision. Janet E. Pecquet, Partner with Beckman Weil Shepardson LLC 12:00pm LUNCH-INCLUDED 1:15pm

Only Rich People Have Trusts, Right? Some Non-tax Planning Thoughts for Trust Drafting/Funding James L. Jacobson Esq., Pickrel, Schaeffer and Ebeling, Co. LPA

2:15pm Planning Strategies for Asset Protection for Our Clients, Avoiding Estate Recovery & Questions and Anwer Period Michael J. Millonig Esq., Michael Millonig, LLC 3:15pm BREAK


Elder Law Update Organizer: Michael Millonig Esq., Michael Millonig, LLC


Use and Abuse of Powers of Attorney: Drafting, Counseling and Protecting your Client from Abuse. This presentation will address not only drafting, but counseling on the selection of the agent, the consideration of various clauses, "hot powers", cases in which the agency relationship has been abused. Edward M. Smith Esq., Nolan, Sprowl & Smith

4:30pm ADJOURN 16

Dayton Bar Briefs October 2017


25thAnnual Bench Bar Conference Agenda

Criminal Justice, Civil Consequences and Hot Topics 2017

8:30-9:30am PLENARY SESSION: Mark Godsey of the Ohio Innocence Project 9:30-9:45am BREAK 9:45-10:45am BREAKOUT SESSION: -Municipal Courts (Bond Issues) / Juvenile Court: Judge Robert W. Rettich III, Judge Nick Kuntz Jr., Judge Anthony Capizzi Rudy Wehner Esq., Stephanie Cook Esq., Julie Bruns Esq. and Kay Locke Esq. -Domestic Relations / Bankruptcy: Judge Denise Cross, Judge Timothy Wood, Judge Guy Humphrey Jim Kirkland Esq. and Trisha Duff Esq. -United States District Court Civil and Criminal: Judge Walter Rice, Judge Thomas Rose Michael Wright Esq., Ned Dowd Esq., Brent Tabbachi Esq. and Jim Fleisher Esq. 11:00-12:15pm PLENARY SESSION: Roundtable – Speed-Dating format 12:15-1:00pm LUNCH 1:00-1:45pm PLENARY SESSION: Comedy and the Law 1:45-2:00pm BREAK 2:00-3:00pm BREAKOUT SESSION: -Common Pleas Civil / Criminal: Judge Mary Wiseman, Judge Steve Dankof John Smalley Esq., Chris Carrigg Esq., Dan Brandt Esq. and Anthony VanNoy Esq. -Probate Court of Appeals Bench: Magistrate David Farmer, Judge Jeffrey Welbaum Ted Gudorf Esq. -Immigration: Karen Bradley Esq. 3:00-3:15pm BREAK 3:15-4:00pm PLENARY SESSION: Civil Consequences of Wrongful Incarceration or Excessive Use of Force Al Gerhardstein www.daybar.org October 2017 Dayton Bar Briefs



The Presence of the


By David C. Greer Esq. DBA Editorial Board Bieser Greer & Landis, LLP


have a little book for sale. If you can be seduced into acquiring it, shoot me an e-mail (dcg@biesergreer.com) and drop by my office at 6 North Main Street, Suite 400, at your convenience to exchange a 20-dollar bill or check for a copy. In it you will find pictures of Dayton legal landmarks that no longer exist: the Old Workhouse at Sixth and Main, the City Jail and Police Court near Sixth and Tecumseh Street that was destroyed in the 1913 Flood, the Market House on Main Street that thereafter housed those functions, the Third Street Jail, and the “New” Courthouse of 1884. On a more entertaining, and perhaps more significant basis, the book relates the career from 1899 to 1936 of Jack Egan, the most colorful lawyer in the city’s history. If you haven’t heard the stories about his cases and clients, you have been deprived of a significant part of the heritage that is part of your identity as a Dayton lawyer. Among the safecrackers, bank robbers, bootleggers, hit men, con men and all-purpose gangsters he represented were Fred Gondorf who was immortalized on the silver screen in “The Sting,” Jew Bates who was Dean O’Banion’s chief lieutenant in Chicago, Crane Neck Nugent who was one of the hit men at the Saint Valentine’s Day Massacre, John Dillinger who was our country’s first Public Enemy No. 1, and Alvin Karpis who was a successor to that dubious title. The name of the book is the entire text of the eulogy spoken by a priest at Egan’s well-attended funeral – “God is Merciful.” Sartre once described the characters in Faulkner’s novels as people sitting backwards in a speeding car, oblivious to the future, indifferent to the blur of the passing present, and fixated on the past that lay behind them. In contrast, the citizens of 2017 often seem oblivious of the past, ignorant of the unknowable future that lies before them, and trapped in the fleeting moments in which they hurtle aimlessly forward. While fixation on the past may be a troublesome pastime, some knowledge of it may be of significant assistance in coping with the present and in anticipating the future.

DBA Oral History Project Open your DBA Directory to page ii and scan the list of DBA Presidents from 1903 to 2017. How many of them do you know anything about? Are you curious about the circumstances in which they practiced your profession? What lessons, positive or negative, might they offer if they could speak to you? What could they tell you about the dramatic changes in the practice of our profession they witnessed in their span of years at the Bar? What insights could they give about the unchanging attributes of human nature? Until recently those lawyers, whether remembered or forgotten, could only speak through remembered war stories or writings like the one I now offer for your perusal. When Jeff 18

Dayton Bar Briefs October 2017

Swillinger was Bar President in 2005-2006, however, he initiated an Oral History Project which led to filmed interviews with older members of the Bar who were asked to share their memories of experiences, cases and the personalities of their fellow practitioners. There are now more than one hundred of these interviews that have been taken and preserved in Cloud storage. Many of the voices which can still be heard on those interviews have now been silenced in death. Recently the Dayton Legal Heritage Foundation made a generous grant that will enable all of those interviews and all such future interviews to be transcribed in WORD searchable format. Jeff’s concept has become what should prove a wonderful legacy to the lawyers and judges of Dayton, a lasting way to explore our roots. As a modest supplement to that treasury, I invite you to read my effort to expand the short eulogy delivered at Jack Egan’s funeral.


welcome new members ATTORNEYS CAVANAUGH, William D. MGM Professional Services LLC Admitted to Ohio Bar: 11/86 COOPER, Gerald A. Wayman Chapel A.M.E. Admitted to Ohio Bar: 11/94 LANGEVIN, Thomas W. Coolidge Wall Co., LPA Admitted to Bar: AR 9/16 LATAS, Joseph Marchal and Marchal Admitted to Ohio Bar: 11/15, IN 05/16 LEAHY, Colleen M. Richard M. Hunt Co. LPA Admitted to Ohio Bar: 11/85 NIEKAMP, James G. Niekamp & Associates, LLC Admitted to Ohio Bar: 5/14 PARCELS, Breanne N. Pickrel Schaeffer & Ebeling Admitted to Ohio Bar: 11/12 LAW SCHOOL GRADUATES DEWEY, Michael N. Fuyao Glass America, Inc. RADEBAUGH, Jacqueline R. ABLE STORM, Robert S. LAW STUDENTS KIEFER, Sarah M. STUKELY, Allison E. PARALEGAL STUDENT COX, Georgia B.


october committee meetings Juvenile Law Monday, October 2nd @ 4:00pm Diversity Issues Tuesday, October 3rd @ Noon Young Lawyers Division Wednesday, October 4th @ Noon Federal Practice Monday, October 9th @ Noon Civil Trial Practice & ADR Tuesday, October 10th @ Noon Labor & Employment Law Tuesday, October 10th @ Noon Appellate Court Practice Wednesday, October 11th @ Noon Estate Planning, Trust & Probate Law Wednesday, October 11th @ 4:00pm Domestic Relations Thursday, October 12th @ Noon Real Property Thursday, October 12th @ Noon Public Service & Congeniality Friday, October 13th @ 11:30am @ The Old Courthouse Paralegal Committee Tuesday, October 17th @ 5:30pm @ Sinclair College Rm# 5-214 (Bldg. 5) Criminal Law & Its Enforcement Wednesday, October 18th @ Noon Corporate Counsel (In-House Counsel) Thursday, October 26th @ 4:30pm @BRAVO Dayton Mall

LABOR & EMPLOYMENT: Don’t Get a Demand Letter: Pay Your Paralegals Overtime continued from page 8 Perhaps anticipating that attorney-employers would squeeze this exemption for all it could yield, the DoL specifically states that “paralegals and legal assistants generally do not qualify as exempt learned professionals.” 29 C.F.R. § 541.301(e)(7). And in a published 2005 DoL Opinion Letter, the DoL methodically tore apart a law firm’s arguments that its legal assistants and paralegals were exempt under the FLSA. DoL FLSA Opinion Letter 2005-54. In short, be kind to your paralegals and legal assistants. They make our lives easier and keep our legal businesses humming—often for modest pay. A spurned and under-paid paralegal is not someone you should relish facing as an opposing party. And a jury or judge is unlikely to find you a particularly sympathetic employer who innocently ran afoul of the wage and hour laws. You are a lawyer and ought to know the law (and now you do!) Pay your paralegals and legal assistants what they deserve and keep them happy!

October 2017 Dayton Bar Briefs



October Inn of Court Open to DBA Members as Celebrate Pro Bono Event! T T

he American Bar Association has designated October 22nd through 28th as national Celebrate Pro Bono Week. As you may know, the Greater Dayton Volunteer Lawyers Project (VLP) uses Celebrate Pro Bono Week as an opportunity to find a meaningful way to thank the many dedicated lawyers, law school students, and others in our community who volunteer their time, talent, and treasure to the VLP. In order to celebrate pro bono representation and encourage the continued involvement of the legal community in these efforts the VLP, in conjunction with Inn of Court, will be hosting an event at the Sinclair Community College Ponitz Center on October 24th during the regularly scheduled meeting of Inn of Court. With generous funding from the Eichelberger Foundation, VLP and Inn of Court are inviting the broader Dayton legal community to join the meeting. From 5:30-7:30pm, we will host a networking reception and dinner, followed by a presentation by John Gilligan. Mr. Gilligan has enjoyed a stellar career as a litigator at Ice Miller in Columbus. He has also served as Columbus Legal Aid board president, led a successful firm-based fundraising campaign for access to justice, and is himself a pro bono volunteer for the Legal Aid Society of Dayton. During this event, we hope to bring the community together and have a dialogue about how together we can harness the present enthusiasm for pro bono while appreciating the need of law firms, large and small, to maximize billable hours and revenue. If you are not an Inn of Court member and wish to attend this FREE event, please RSVP to Kelly Henrici, Executive Director of the VLP, at (937) 461-3857 or Kelly@gdvlp.org. Inn of Court members should RSVP in the normal course. We hope you can join us!


Dayton Bar Briefs October 2017

By Kelly A. Henrici Esq. Exective Director, Greater Dayton Volunteer Lawyers Project




Newhart Elliott

Access to Justice Co-Chairs: Merle F. Wilberding Esq., Coolidge Wall Co., LPA Susan Newhart Elliott, UDSL Asst. Prof./Head of Public Svcs

Mark your calendar for an exciting Access to Justice Awards Celebration in recognition of the 50th Anniversary of legal aid’s service to the Greater Dayton Area and honors individuals and organizations that have helped disadvantaged people in our community. Scheduled for Thursday, November 2nd from 5:30pm to 8:00pm., the event will be held at the Sinclair Community College’s Conference Center, Building 12. The Celebration will be historically significant by highlighting challenges and successes of legal aid since Lloyd O’Hara founded the Legal Aid Society of Dayton in 1967. The mission of the organization remains steadfast by providing free civil legal assistance to low-income people of this community through Advocates for Basic Legal Equality, Inc. (ABLE), Legal Aid of Western Ohio, Inc. (LAWO), and the Greater Dayton Volunteer Lawyers Project (GDVLP). Information will be shared on the progress of two fundraising campaigns that have been under way this year: the annual Campaign for Equal Justice and 50 Years of Fairness and Justice Campaign. You may still donate to the campaigns at www.campaign4equaljustice.org. “The Access to Justice Celebration gives all of us a chance to celebrate some of our community treasures,” says Merle Wilberding of Coolidge Wall Co., LPA, Celebration co-chair along with Susan Elliott of the University of Dayton School of Law. “It is an opportunity for each of us to give back to our community so that LAWO, ABLE and the GDVLP can provide essential services to our community. We have been very blessed by our community and we should pitch in with our money and our time.” Contributions will help ABLE, GDVLP and LAWO to provide legal services to disadvantaged people of this community who are facing domestic violence, elder abuse, disability, education and health care concerns and assisting with the rights of immigrants and refugees and addressing legal circumstances that challenge the livelihood of local veterans. The Celebration is underwritten by WilmerHale, LLP. Cox Media Group Ohio is the media sponsor and WHIO-TV News Anchor Cheryl McHenry will emcee the program. Entertainment will be provided again by the Sinclair Community College Jazz Ensemble. The event is an upscale reception with entertainment, heavy hors d’oeuvres, and a cash bar. Business attire is suggested. Sponsorships, ads and tables are available. Law firms will be credited at sponsorship levels for their total giving to the annual campaign. Individual guests may register for the gala at www.campaign4equaljustice. org, kharshaw@ablelaw.org, or by calling (937) 535-4432. Tickets are $150 Grand Patron and $100 Patron. The deadline for reservations is Friday, October 27th.


October 2017 Dayton Bar Briefs



The Chancery Club


Mark Your Calendars to RSVP for these 2017-18 Chancery Club Luncheons. The DBA wishes to thank the Eichelberger Foundation for their generosity in sponsoring these luncheons.

Contact Chris Today to RSVP! calbrektson@daybar.org | 937.222.7902

The Old Courthouse Doors open at 11:30am *There are no luncheons in December or January Friday, October 13, 2017 Friday, November 17, 2017 Friday, February 9, 2018 Friday, March 16, 2018 Friday, April 6, 2018 Friday, May 11, 2018

Join us for your chance to mingle with the Montgomery County Common Pleas Court General Division Judges, during this special event sponsored by the Montgomery County Common Pleas Court and the DBA Public & Member Services Committee. Please mark your calendar and we look forward to your attendance! Contact Lori to RSVP: lluebben@daybar.org

A gathering for DBA Members BOTH Women & Men

Women, Men and Firms sharing important topics and information!

Join Us at the Next Series: Thursday, October 26, 2017 | 5:30 -7:30pm | DBA Speaker: Nathan (Nat) Croumer Esq., WilmerHale Topic: "Building a Book of Business" *Seating is limited you must RSVP: lluebben@daybar.org 22

Dayton Bar Briefs October 2017



Celebrating those members of the legal community who have been in practice for 50 years!


Wednesday, October 11, 2017 11:30-1:30pm Sinclair Community College, Bldg 12 Call or Register Online! 222.7902 | www.daybar.org

This year’s Honorees:


Wayne H. Dawson Esq.

Thomas A. Holton Esq.

Charles J. Roedersheimer Esq.

Hon. Robert L. Deddens

Hon. John M. Meagher

Joel S. Shapiro Esq.

Patrick A. Flanagan Esq.

Paul B. Roderer Esq.

James I. Weprin Esq.

October 2017 Dayton Bar Briefs



Introducing Your Bench Bar Collaborative Do any of these situations sound familiar to you?

o A judge schedules all pretrials at 8:30am. The attorneys do not know in what order the cases will be called, but are required to be present at 8:30. The judge often does not appear until 9:30 or later. o The attorney for the client never personally appears at any pretrials or even preliminary motion hearings, but sends an associate who has never met the client and does not know a lot about the case. o A judge constantly berates attorneys in front of their clients or refers to female attorneys as “young lady” or calls some attorneys by their first name while referring to the other by Mr., Ms., or Mrs. o A judge is chronically late in ruling on pending motions including cases tried to the court and taken under advisement. The parties cannot move on and there can be no appeal without a final appealable order. o An attorney appears in court, or communicates with other attorneys and seems bewildered with what is happening and varies between almost over-zealous advocacy and lackadaisical representation. Attempts by other attorneys to talk to the attorney result in either a defensive attack or a response of “whatever, I’m fine.”

Q: What to do?

By Susan D. Solle Esq. DBA Immediate Past President Chair Bench Bar Collaborative Dinsmore & Shohl, LLP

A. Nothing? And let clients, attorneys, judges and the administration of justice “system” be damaged? B. Something? Talk to the judge or attorney? And at least subconsciously believe every adverse decision or treatment you receive is a result of the conversation. C. Talk to the judge’s or attorney’s colleague? See above, and double it.

Fortunately for us all, these examples are rare and, if they do arise, the “Dayton legal culture” seems to promote civility and communication to resolve them. We have all been to other states or other counties in Ohio and returned to appreciate what we have. The BBC is simply the DBA’s efforts to ensure we maintain that civility in this everchanging world. The DBA wants to assist in addressing situations that do exist and to get ahead of the curve to prevent situations from becoming worse individually, let alone institutionally. So, the correct answer is (D): Contact the Dayton Bar Association’s Bench-Bar Collaborative. We all have a duty to report violations of the Code of Judicial Conduct and the Rules of Professional Responsibility and failure to do so is itself a violation. However, the DBA-BBC will not be a diversion program or grievancecommittee-lite, but rather an early warning system and an attempt to provide an uninvolved third party to address potential problems before they start to adversely affect the quality of the administration of justice in our community, let alone rise to the level of a violation. It is a good faith attempt to work with attorneys and judges and to improve the quality of our professional lives by encouraging professional, cooperative, civil behaviors. The process is entirely confidential. There will be no minutes, records, or files maintained (the only exception, as stated above, is that a violation of the Code or Rules must be reported); it will be chaired by the immediate past president of the DBA and will consist of eight other members (half lawyers and half judges) who will serve rotating terms. We are still finalizing the details and your input would be appreciated. Attend the 25th Annual Bench Bar Conference on November 3rd and stay tuned to our website and Bar Briefs for more information.


Dayton Bar Briefs October 2017



October 2017 Dayton Bar Briefs



A View from the Bench

Ensuring Your Clients Are Afforded Fundamental Fairness in the Cauldron of Trial including Actual, Authentic and Real Due Process

By Hon. Steven K. Dankof Sr. Montgomery Cty Common Pleas Court


reetings, Brothers and Sisters of the Bar! It’s been much too long1 since I offered a, hopefully, helpful suggestion as you labor to represent the interests of your clients and Lady Justice. Last December, I attended the Ohio Common Pleas Judges’ Association 2016 Winter Conference2 including the presentation of Craig Stark Ph.D.3 on the neuroscience of memory and its implications for the courtroom. Simply put, Dr. Stark proceeded, at least for me, to bring into clear focus that human memory does not operate like a VCR, simply accurately recording events we see and hear so that we need only recall them later. Rather, human memory is an adaptive process and entirely fallible. The gist of Dr. Stark’s presentation and his article4 was that every time one recalls or retrieves a memory, that act alone subjects the memory to alteration, contamination, etc., because newer memories compete with older memories. Slight variations in questions can result in memory distortion. And the generally held belief that confidently stated and detailed memories are always reliable is flatly false. And so, you might reasonably ask, what is the implication of this for the trial lawyer? In several states including California, Massachusetts, New Jersey, Pennsylvania and Texas5, courts now instruct jurors on the fallibility of eyewitness identification to unburden jurors from the mythology6 that somehow eyewitness identification is the “gold standard” for proving an accused guilty beyond a reasonable doubt.7 As more and more courts in more and more jurisdictions permit expert testimony on the fallibility of human memory, so have I. It's high time, as truly informed and zealous advocates for your clients, that you familiarize yourself with the science of human memory because, after all, every case is about human memory and its frailties. Perhaps you should request human memory instructions from your judge so that verdicts are based upon actual, authentic and real due process rather than some sanitized facsimile of due process that does nothing except salve the conscience of lawyers and judges averse to the hard and sometimes dirty business of real trial work. What of the phenomenon of false confession?8 We have known for years that false confessions are real and yet the average juror believes to their core that they personally would never confess to something they hadn’t actually done and then project this cocksure and fallacious notion onto an accused. I have permitted expert testimony in my court on the subject of false confession. And, lastly, what of bogus forensic “evidence”, masquerading as legitimate science, long offered to secure civil and criminal verdicts. Isn’t it also high time that you familiarize yourself with the bogus “science” and how to combat such tripe with effective Daubert9 challenges? A good start toward this laudable goal would be to read and understand the implications of the 2016 PCAST Report10 to President Obama on junk forensic science. Until we meet again on these pages, all the best. Endnotes:

I’m advised that some of my fellow Judges, upon learning “just how I write”, would not concur…. So it goes. 2 Presented by the Ohio Judicial College. 3 Of UC Irvine’s Center for the Neurobiology of Learning and Memory and the Department of Neurobiology and Behavior. 4 Easily obtained by Googling the subject. 5 I know – why in the world would Texas be on the forefront of this science? Because Texas has the Death Penalty and likes using it. And because “Death is Different” requiring courts to afford Super Due Process to Death Penalty defendants before killing them, Texas wants to “get it right” so there will be no reversals for failing to afford Super Due Process. 6 Relied upon by state’s counsel for far too long 7 And we know this mythology is utter nonsense because, of the first 325 DNA exonerations, 72% of those convictions were based upon false eyewitness identification. Blind



Dayton Bar Briefs October 2017

Injustice, A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions; Godsey, Mark, 8 Of those first 325 DNA exonerations, 15% involved false confession by an accused who could not have possibly committed the crime to which they confessed. Supra. 9 And if you’re not familiar with Daubert by now, perhaps a career in food service is in order…. 10 Report to the President - Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods, 2016.


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October 2017 Dayton Bar Briefs


law-related organizations Dayton Bar Association Foundation

The Dayton Bar Association Foundation is the charitable arm of our legal community. Working together, we strive to improve Our Community by Promoting Justice and Respect for the Law. Every gift, large or small, makes a difference in the lives of the people of this community. The Foundation is a great place to create a memorial for a loved one, pursue your own philanthropic goals or leave a lasting legacy to this community.

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

Please return this form to VLP: By Mail: 610 Performance Place, 109 N. Main St., Dayton OH 45402 By Fax: to (937) 461-4731 By Phone: (937) 461-3857 By E-mail: kelly@gdvlp.org Name:________________________________________________ Firm:_________________________________________________ Address:______________________________________________ Preferred County for Pro Bono Service:_____________________ Phone:_______________________ Fax:____________________ Email:________________________________________________ Attorney Registration #:__________________________________

As of January 1, 2014 every 6 hours of pro bono service through an approved pro bono provider will give you 1 hour of CLE credit to a maximum of 6 hours of CLE credit (36 hours of pro bono). The Greater Dayton Volunteer Lawyers Project will send your hours to the Ohio Supreme Court and notify you of the same. 28

Dayton Bar Briefs October 2017


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

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

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

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

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

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

GORDON ARNOLD, one of the founding members of Freund, Freeze & Arnold, was named the 2018 Personal Injury Litigation-Defendants “Lawyer of the Year” for the Dayton region by Best Lawyers. Gordon has over 40 years of experience in insurance coverage and business litigation, with a particular emphasis in construction cases, bad faith litigation against insurance ARNOLD companies, and insurance coverage for trucking companies. He successfully tried hundreds of cases. In addition to being named a 2018 Lawyer of the Year, he has also been named a Best Lawyer in America every year since 2006. SUSAN BLASIK-MILLER, a managing shareholder at the law firm of Freund, Freeze & Arnold has been named the 2018 Dayton Medical Malpractice LawDefendants “Lawyer of the Year.” This honor is given to only a single lawyer in each practice area and community by Best Lawyers, based on their extremely high overall peer feedback within specific BLASIK-MILLER practice areas. In addition to being named Lawyer of the Year, Susan is listed in the 2018 Best Lawyers in America for Medical Malpractice Law-Defendants and Personal Injury Litigation -Defendants. Susan has been a trial lawyer for 30 years, she has extensive experience defending physicians, hospitals, long term care providers, businesses and employers in a wide variety of cases. She advises business and health care professionals on ways to minimize risk and lectures on topics of trial advocacy, health care management, and professional malpractice liability. Green & Green, Lawyers is proud to announce that, shareholder and principal, JANE M. LYNCH has been selected by her peers to be included in the 2018 Edition of The Best Lawyers in America© for her work in the practice area of Civil Rights Law and Litigation - Insurance. Her inclusion in Best Lawyers in America© is considered an honor since it is based upon earning a high level of respect among her LYNCH peers for her abilities, professionalism and integrity. Ms. Lynch is a of Green & Green, Lawyers, and is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Sixth Circuit, and the Ohio Northern and Southern U.S. District Courts. Ms. Lynch holds the coveted AV Preeminent rating for lawyers by Martindale-Hubbell and has been selected as an Ohio Super Lawyer® since 2006. She is Chair of the Southern District Federal Court Rules Committee, a Fellow of the American Bar Foundation and the Ohio Bar Association Foundation, and is a member of the Federation of Defense & Corporate Counsel.


Dayton Bar Briefs October 2017

2018 The Best Lawyers® in America Thompson Hine LLP is pleased to announce that 18 lawyers from the firm’s Dayton office were selected for inclusion in The Best Lawyers in America® 2018. Additionally, 13 Thompson Hine lawyers have been included on the Best Lawyers list for 10 years or longer, as indicated below. Lawyers are selected for the list based on votes received in a survey of their peers. Nearly 55,000 leading lawyers cast more than 7.3 million votes on the legal abilities of other lawyers in their practice areas. Firmwide 119 Thompson Hine lawyers were selected for inclusion in The Best Lawyers in America® 2018. Attorneys from Thompson Hine LLP (Dayton Office): Stephen J. Axtell*; Wray Blattner*; Mark A. Conway*; Susan C. Cornett; Robert M. Curry*; Steven J. Davis; Thomas E. DeBrosse*; Francesco A. Ferrante*; John L. Green*; Christine M. Haaker; J. Michael Herr*; Scott A. King; Thomas A. Knoth; Mark P. Levy*; Theodore D. Lienesch*; David A. Neuhardt*; Sharen Swartz Neuhardt*; and Arik A. Sherk*. Dayton Best Lawyers® 2018 “Lawyers of the Year” In each city, one lawyer from each practice area is honored as the “Lawyer of the Year.” The attorneys received the honor based on reviews by earning a high level of respect among their peers for their abilities, professionalism and integrity. Attorneys from Thompson Hine LLP (Dayton Office): Mark A. Conway – Trusts and Estates; Thomas E. DeBrosse Litigation and Controversy – Tax; Francesco A. Ferrante – Tax Law; Scott A. King – Litigation – Real Estate; Thomas A. Knoth – Insurance Law; and Sharen Swartz Neuhardt – Corporate Law.

save the dates The Chancery Club Luncheon(s) The Old Courthouse | Doors open at 11:30am *There are no luncheons in December or January Friday, October 13, 2017 Friday, November 17, 2017 Friday, February 9, 2018 Friday, March 16, 2018 Friday, April 6, 2018 Friday, May 11, 2018 First Monday in October Celebration UDSL Mat Heck Courtroom Monday, October 2, 2017 @ 11:55am 50 Year Honoree Luncheon Sinclair Community College, Bldg 12 Wednesday, October 11, 2017 | Doors open 11:30am Breakfast with the Bench Sinclair Community College, Charity Earley Auditorium Friday, October 20, 2017 | 8:00-9:00am Women in Law Forum Reception DBA Seminar Room Thursday, October 26, 2017 | 5:30-7:30pm Annual Bench Bar Conference Sinclair Community College, Bldg 12 Friday, November 3, 2017 | 8:30-4:00pm Criminal Law Certification Thursday, November 30, 2017 Annual Holiday Luncheon Sinclair Community College, Bldg 12 Thursday, December 14, 2017 | Doors open 11:30am Probate Law Institute Friday, March 9, 2018 Annual Diversity Day Luncheon Friday, April 13, 2018


The Dayton Bar Association is proud to partner with the Dayton Chapter of the Federal Bar Association to provide free wills and other estate planning documents to military veterans and their spouse or domestic partner. The next Wills for Vets will be held: Saturday, November 4, 2017 Dayton VA Center Lyons Place 2, Building 415 Dayton, OH 45426 Training: 8:30am | Appointments: 10:00-2:00pm UR R FOR O ! E E T N VOLU NG EVENTS I . UPCOM is for details r t Ch Contac

*Contact Chris: calbrektson@daybar.org 937.222.7902


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



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.


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

OFFICE SHARING SPACE Turnkey, fully furnished office sharing arrangement in Washington Township available for one or two attorneys, one staff member, plus conference room, and garage parking. Confidential inquiries 937-609-9627.


Office space available in small downtown law office with private parking lot. One block from downtown court buildings. Easy on/ off I-75 access. Reasonable rental rate. Call 937-224-0039 for more information.


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

advertiser index ComDoc Inc..............................................24 Eikenbary Trust ......................................10 Elizabeth Diamond Company .................7 Ferneding Insurance.................................7 J. Steve Justice - Mediations................24 Johnson Investment Council..................9 LCNB Bank..................................................5 The Lipp Firm Co., LPA...........................27 Miller Creative Strategies.....................21 National Processing Solutions.............27 OBLIC..........................................back cover Park-N-Go................................................25 R.L. Emmons & Associates.......................5 Rogers McNay Insurance.......................19 Trisha M. Duff - Mediations...................20 October 2017 Dayton Bar Briefs


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


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October 2017 small file  

October 2017 small file