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The Magazine of the Dayton Bar Association | SEPTEMBER 2017 | Vol. 67, No. 1


Bar Briefs Congratulations on your Retirement, Bill

President's Message "The More Things Change" pg 4

Barrister of the Month Edward M. Smith Esq. pg 6

2017-18 Committees Chairs & Meeting Dates pg 14-15



Bar Briefs

September 2017 | Vol. 67, No. 1

Dayton Bar Association Board of Trustees 2017 – 2018

By Brian L. Wildermuth Esq.



By Kristina E. Curry Esq.

Hon. Mary L. Wiseman



Second Vice President

It's Not to Late to Join!

Cara W. Powers



Brian L. Wildermuth President

David P. Pierce First Vice President


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

William B. Wheeler, ex officio Executive Director

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



Dayton Bar Briefs September 2017

TOGETHER, We have Advanced the Association and its Value to the Legal Profession

By Bill Wheeler, DBA Executive Director



HELP WANTED: How Attorneys and Firms Can Help Fight

By Hon. Mary L. Wiseman

the Region's Opioid Epidemic




Sat. September 15th | Doors open at 11:30am | The Old Courthouse



Sat. September 30th | Training 8:30am; Appointments 10:00-2:00pm Charles I. Lathrem Senior Center; 2900 Glengarry Dr., Dayton, OH 45420


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.



Mon. October 2nd | Lunch Begins 11:15am | UDSL Mathias Heck Court Room



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



Thurs. September 21st | 5:30pm | Bar Louie @ The Greene



i ls S for Legal Professiona

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


Eichelberger Foundation Estabrook Charitable Trust

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

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

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

• Women in Law Forum

Estabrook Charitable Trust

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

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

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

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

Gold Partner Thompson Hine LLP

Thompson Hine LLP www.thompsonhine.com

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

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

September 2017 Dayton Bar Briefs



The More Things Change... II


was born in 1970, solidly within Generation X (1960-80, according to the American Psychological Association). During my teens and early twenties, the supposedly optimistic Baby Boomers (1946-60) wrote us off as apathetic, disaffected slackers. I did not see a resemblance in myself, and I took offense. Luckily, I was raised by practical, rulefollowing, keep-your-nose-to-the-grindstone Traditionalists (1925-45) who instilled patience (okay, not so much) and a strong work ethic! Work hard and, eventually, perceptions would change, right? And, I would not be so unkind to the next generation. Or, so I thought. Fast forward about twenty-five years. I have become a Millennial (1981-97) basher. Why won’t they talk to me on the telephone? Has no one ever criticized them? Have they never solved a problem on their own? Who died and made them the center of the universe? Are not the phrases “work/life balance” and “me time” really just code words for laziness? My rants go on, like a less profane Sam Kinison (gratuitous Gen X reference!). I should be ashamed of myself, and I am, sort of. If Millennial-bashing were not so much fun, I would probably feel more ashamed. I dare any Generation X’er to watch this video without howling in laughter:https:// www.facebook.com/awakenwithjp/videos/1778626188819902/ . The more reflective part of me always knew that Millennial-bashing was unfair stereotyping. That irked me in 1988. It probably irks some Millennials today. But, let’s assume for the moment that we can attribute some characteristics to Millennials – generational attributes, if you will. For example, they communicate differently than their elders, are comfortable with technology, and want to be constantly connected. They are collaborative, and they draw upon different resources and apply different methods in solving problems. They desire frequent feedback from managers. They want to be engaged by their work. Work is one of many priorities in their lives. They want flexible work schedules and more fluid career opportunities, perhaps changing jobs more often than those of older generations. They want mentoring relationships. Are any of these things so bad? Are we capable of understanding and adapting to them? Should not we, the older generations, try to meet Millennials at least halfway? I suggest that the answers are, respectively, “no,” “yes,” and “absolutely.” Dayton Bar Briefs September 2017

By Brian L. Wildermuth Esq. DBA 103rd President Subashi & Wildermuth I recently attended the National Conference of Bar Presidents. Attracting and serving Millennial members is a hot issue in the bar association world, and I participated in two sessions on this topic. According to one speaker, Millennials are 80 million strong in the U.S., outnumbering Generation X almost two to one. Another speaker stated that Millennials comprise 36% of the work force and control $660 billion in annual spending. They are numerous and influential. They are also the future. We need them. We need them in the profession, as competent counselors and advocates. We need them as bar association members, to help us carry out all of the wonderful things bar associations do – from advocating for the rule of law, to promoting equal justice, to professional development, to self-policing our profession and ensuring that we serve our clients and live up to our high ideals. We need their energy and passion, and we need to help them see the many benefits of bar association membership. They also need us. Many have faced a challenging financial climate and tough job market, made worse by ever-escalating tuition and staggering levels of student debt. The pathways into the profession are not the same as they once were. Many Millennial attorneys need mentoring, including increasing numbers of young lawyers who have, whether by choice or necessity, opened solo practices. We must do more to serve them. Maybe this starts with a little less judgmental ranting and a little more openness to seeing things from another perspective. For now, I will try to watch Millennial-bashing videos only in the privacy of my home or office, rather than the airport. My Generation Z (1998-present) daughters would probably be less embarrassed. Brian, his wife and their "Generation Z's" at the 2017 Annual Meeting.

937.222.7902 4

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, September 15, 2017 Friday, October 13, 2017 Friday, November 17, 2017 Friday, February 9, 2018 Friday, March 16, 2018 Friday, April 6, 2018 Friday, May 11, 2018


Call the Personnel Placement Service at 222-7902 Personally Interview and Test Applicants, Review and Send Resumes

We can place qualified temporary or permanent legal secretaries, legal assistants, paralegals, legal administrators, office managers, file clerks and runners. Call Lori for details!


September 2017 Dayton Bar Briefs



Edward M. Smith Esq.


ongratulations to Ed Smith, Barrister of the Month for September of 2017. Though Ed needs no introduction to the Dayton legal community, Ed is an attorney at Nolan, Sprowl & Smith, in downtown Dayton. He received his Juris Doctor degree from the University of Notre Dame Law School, with honors, in 1973. Ed began his career as an Air Force JAG after taking the oath and recalls that during this time is when he learned to stand up in a courtroom and argue a case. During his four years as an Air Force JAG, he tried courts martial cases and legal services to commanders, security police and United States Air Force personnel. He also discovered that he enjoyed most the opportunities that he had to personally interact with clients. Ed has since served hundreds of individuals and families as well as financial institutions and other businesses. Ed recalls that one of his first cases following his service in the Air Force JAG was a DUI case in Clark County. The client was one of Judge Pat Foley’s clients (before he became a judge, of course), who was out of town. Ed called the Clark County Jail to see about getting the client released. Ed was told that he would need to speak to the Judge, who happened to be Judge Geyer of the Clark County Municipal Court at the time. Ed recalls that he was able to speak to Judge Geyer on the phone right away, who told him “This happens all the time.” Ed got the ok for the client to be released. Upon Judge Foley’s return to the office, Ed says, he was humorously chided with “I can’t believe you called Judge Geyer in the middle of the night!” But Ed has never been shy


Dayton Bar Briefs September 2017

about talking to judges and affirms that he “respects the judiciary immensely, and we are blessed in Montgomery County to have a good judiciary.” In addition to his longstanding practice, Ed has served the Bar and his profession extensively and in numerous capacities, in line with his belief in strengthening and giving back to our profession. Ed served on the Ohio State Bar Association Grievance Committee for 25 years, from 1990-2015 and also has chaired that committee. Through his service to the Grievance Committee he gained the relatively rare opportunity to try cases before the Supreme Court of Ohio, representing the Ohio State Bar Association. He is the Chair of the Dayton Bar Association Estate Planning, Trust and Probate Committee and an OSBA Certified Specialist in Estate Planning, Trust, and Probate Law (EPTPL). He is one of less than 200 lawyers in Ohio who are Certified Specialists in Estate Planning. Ed is also a member of the OSBA EPTPL Section, the Ethics Committee, and Solo, Small Firm & General Practice Section. Ed is a Dayton Bar Briefs Editorial Board member, with frequent submissions to Bar Briefs magazine. The Dayton legal community has long been entertained by Ed’s catchy article titles such as “Fast Lame Duck,” a recent article about the probate bill passed by the 131st General Assembly, “What’s Hot; What’s Not: Cooling Off the ‘Hot Powers’ in Ohio’s Version of the Uniform Power of Attorney Act” and “Waiting ‘Til the Midnight Hour: No Love Comes Tumbling Down,” Readers soon discover

that it is not about late night activities in the late 60’s, but rather a very informative review of the Statutes of Limitation and Action Dates in Probate Cases, published in the January 2012 issue of our very own Bar Briefs magazine. Go check it out! Ed also volunteers for the Dayton Bar Association Volunteer Lawyers Project and “Wills for Heroes” Project, and has given over the past three years well over 250 pro bono hours. Ed is a volunteer guardianship attorney with Life Essentials, a local nonprofit agency advocating for the disabled and the elderly. Ed is also very involved in his community, and serves as the Chair of the Board of Directors of Catholic Social Services of the Miami Valley, a former board member of the Kettering Parks Foundation and a former board member of the Epilepsy Foundation of Western Ohio. He is also a member of Dayton Rotary Club and is Chair of the Excellence in Teaching Awards program sponsored by the Notre Dame Club of Dayton. Teaching has always been very important to Ed. In fact, Ed taught the very first class of undergraduate women in a Freshman Humanities seminar at Notre Dame while he was still in law school! He has also taught Business Law and continues to find teaching opportunities in his role with the Probate Law Committee. Ed gives guidance to many lawyers, and to new lawyers, he would give the advice to “Stay grounded, work hard, don’t neglect family and friends, and have some outside interests.” He also

continued on page 7


BARRISTER OF THE MONTH: EDWARD SMITH ESQ. continued from page 6 emphasizes that lawyers should always be mindful of the statement, “My word is my bond” if they want to stay out of trouble and be successful in their careers. Ed enjoys golf, gardening, yardwork and spending time with his wife and grandchildren, watching the kids grow in their sports and various activities. Thank you Ed, for all that you have contributed to the profession and the community!

OR OUR TEER F VOLUN NG EVENTS! I . UPCOM is for details r h C t c Conta

The next Wills for Heroes will be held:

Saturday, September 30, 2017 Charles I. Lathrem Senior Center 2900 Glengarry Dr., Dayton, OH 45420 Training will begin at 8:30am Appointments 10:00-2:00pm *Contact Chris: calbrektson@daybar.org 937.222.7902 By Kristina E. Curry Esq. DBA Editorial Board Pickrel Schaeffer & Ebeling Co., LPA


September 2017 Dayton Bar Briefs


Could Your Roomba Soon Be Sucking Up Your 4 th Amendment Rights Also?


f you own a high-end iRobot “Roomba” model, it may be doing more than just cleaning your floors and carpets...it may be vacuuming up part of your 4th Amendment privacy rights. Entering the world of smart technology and “IOT” (internet of things) makes you and your home vulnerable to other users and devices out there in cyberspace. The Fourth Amendment to the U.S. Constitution gives “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” which cannot be violated unless there is probable cause to do so, and upon such probable cause, the issued warrant must specifically describe the places to be searches and items/persons to be seized. But what happens when the desire to use smart technology means sacrificing our privacy rights, and maybe even our 4th Amendment rights afforded by our Constitution?

A. What You Need To Know

Last week, Colin Angle, the CEO of iRobot, announced that within two or so years, iRobot could begin selling its map data to companies like Apple, Amazon, and Alphabet, Google’s parent company which was the result of a corporate restructuring deal back in 2015. iRobot’s “Roomba” is a line of disc-shaped “smart vacuums” that are able to detect and clean dirt in a 360° direction by bumping into obstacles and its internal sensors “mapping” the surrounding area. Angle’s announcement would only apply to the high-end models of Roomba, beginning with the Roomba 980 model, which was the first WiFi-enabled model. While Angle indicated that the company had not yet formed any plans to sell consumer data, his announcement creates a pile of potential legal implications for not just iRobot, but for consumers globally.

B. With Smart Technology, Comes Violation of Privacy

Convenience trumps privacy. Every time. But, the question becomes how much privacy the average consumer is willing to sacrifice for a more efficient life-style. Angle’s announcement brings some serious privacy concerns and poses the start to many questions by both data privacy attorneys and consumers: 1. What does my Roomba Show? iRobot’s success is nothing to question, as the concept of a “smart vacuum” gained popularity as a result of its ability to clean and essentially “remember” where to clean and how to cover an entire room. Indeed, the device’s ability to remember where it’s been and where to clean is dependent upon its mapping data it stores. But what does this “data” consist of ? The later models of the Roomba offer the “Clean Maps” report, which allows users through the iRobot app identify and view cleaning coverage areas as well as concentrated areas where there is a higher presence of dirt. Pretty sweet. Or so it appears to seem. 2. Who is Storing Your Home’s Map Data? Privacy enthusiasts would agree that consumers should know exactly what information and data they have, where it’s located, and how to keep 8

Dayton Bar Briefs September 2017

By Andrew L. Rossow Esq. Gregory M. Gantt Co., LPA

it safe. The possibility of a consumer’s data of his or her home being in the possession of a party other than them is beyond alarming. However, Angle has indicated that “no data is sold to third parties.” 3. Why Are Consumers Just Being Told This Now? Technically, the idea that the entryways, hallways, and floors of a consumer’s home is being mapped and analyzed is no secret, at least per iRobot’s Terms of Service and Privacy Policy. • Some of our Robots are equipped with smart technology which allows the Robots to transmit data wirelessly to the Service. For example, the Robot could collect and transmit information about the Robot’s function and use statistics, such as battery life and health, number of missions, the device identifier, and location mapping. • We use this information to collect and analyze statistics and usage data, diagnose and fix technology problems, enhance device performance, and improve user experience. • Our Robots do not transmit this information unless you register your device online and connect to WiFi, Bluetooth, or connect to the internet via another method The company’s Privacy Policy specifically states that it may share consumer data... “with [their] consent, to third parties who [it] think[s] may offer [the consumer] products or services [they might] enjoy”...or.. “other parties in connection with any company transaction, such as a merger, sale of all or a portion of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings.” That’s a fairly large number of people knowing what the inside of a consumer’s home looks like, the size of their home, and potentially a consumer’s income level.

C. Solutions?

When a consumer registers their device with iRobot or even downloads the app, they or forced to accept the Terms of Service/Privacy Policy, otherwise they aren’t able to download it to their device. It appears that consumers are forced into giving up this data. Incorrect. iRobot provides users with the option of “opting-out” of the data sharing feature within the iRobot Home app by disconnecting their WiFi or turning off Bluetooth functionality. Ironically, the truth is that we create our own pile of dirt. By purchasing these smart devices, albeit Roomba, Amazon Echo, Google Home, or other products, we implicitly allow these devices to monitor, track, and learn about us. Consumers are all about hands-free communication, especially when its efficient. Consumers expect their respective devices to live up to their marketing reputations and as such, don’t question how it’s able to do that. Society is buying into privacy intrusions. The question is how much privacy do we expect to give up? Are consumers waiving their constitutional right to certain protections within the home? Smart technology...it’s smart for a reason. Convenience. It trumps privacy. Andrew Rossow is a Cyberspace and Technology Attorney in Dayton, Ohio. To stay updated on Rossow’s publications, please follow him on Twitter at @RossowEsq or on Facebook at @drossowlaw.





Understanding What and When Your Firm Will Publish in Social Media to Remain Relevant By Bill Miller, Founder, Miller Creative Strategies, LLC Miller Creative Strategies, LLC, is a marketing and public relations firm with more than a decade of extensive law firm experience, linking talent, innovation and expertise of the company's founder, Bill Miller, with best-in-class partners. We deliver business solutions, e-commerce/technology, strategic planning, branding campaigns, and marketing tools and processes for our clients and their success.


n my experience, law firms tend to have one of two problems with social media - either they cannot think of anything to post, or they have so much material that they overwhelm their clients and/or prospective clients. Regardless of where your firm falls on the spectrum, the question of what (and how often) to post on social is a very important one. To help you answer the cadence question, I will share a strongly recommended map or posting schedule for each social network. But to figure out the right mix for your firm, you should start with your priorities and answer the question - what do you hope to accomplish with your social presence?

You probably have several objectives (which likely map to your objectives for each stage of your client’s lifecycle) that might include: • Sharing relevant content • Showing off your firm’s personality and culture • Promoting events • Establishing thought leadership • Staying on top of industry trends • Announcing decisions, new attorneys and/or practice areas • Gathering new names for your marketing database • Acquiring new clients • Building/nurturing relationships with your clients • Increasing traffic to your blog/ website/landing pages Each social network requires a content mix and frequency that matches the expectations of its audience. At Miller Creative Strategies, to help us schedule content ahead of time and give our audience an idea of what to expect, we repeat themed posts on certain days of the week. Of course, these mini-themes align with our overall theme—marketing! Our law firm clients are using these tools to build marketing, presence and value perception in the minds of their clients – particularly given that most legal services are needs-based. Explore some of the benefits of each of the top networks to help you define your posting frequency. FACEBOOK With over 1.5 billion active users, it is practically guaranteed that your clients are on Facebook. We recommend posting to your firm’s Facebook page no more


Dayton Bar Briefs September 2017

than twice weekly most people get annoyed when a close friend floods their Facebook feed, never mind a brand. It is critical that someone in your organization keep the Facebook page open during the business day. If your audience is engaging with you, via comments, likes, shares, and messages, it is important that you join the conversations. If someone has a question or complaint, you want to be on hand to address it immediately. (Also, an unfortunate truth is that visitors may use Facebook as an opportunity to post inappropriate or offensive content to your feed. If you aren’t monitoring closely, you might not “hide” the post from your feed in time.) TWITTER Unlike Facebook, you can post to Twitter many times a day without overwhelming your audience. We recommend posting twice before and twice after noon. If that sounds time- consuming, it does not have to be if your firm uses embedded links to sites with decisions or news and information. Doing so with timely and valuable tweets is the only way that you can stay top-of-mind as your tweets get pushed down in the feed by other activity from your audience’s network. That is why we highly suggest using a tool that allows you to preschedule your tweets with the help of a social media management platform. Take advantage of the variety of ways you can engage your audience on Twitter. You will want to be continually “favorite”-ing, retweeting, and responding to tweets from your audience. We always schedule at least one tweet per day linking to an interesting or educational article or study and typically retweet external links throughout the day. LINKEDIN Because LinkedIn is a professional networking site, your firm can use it to share articles and blog posts, new educational content, and upcoming events. Unlike Twitter, which is highly interactive (and therefore time-consuming to maintain), or Facebook, which is best for fun/ entertaining content, LinkedIn is the most “serious,” straight-to-the- point social network. It is also a powerful recruiting tool—you can post job openings on LinkedIn, and it’s probably one of the first things potential employees may review. LinkedIn followers aren’t likely to check your page as often as Facebook or Twitter, but your firm should consider posting to your LinkedIn page once or twice weekly. STAGRAM/SNAPCHAT/PINTEREST For the social media platforms that rely heavily on images as the main method of communication with your audience—namely Instagram, Snapchat, and Pinterest—you should consider posting more often. Any recommendations about frequency posting or timing should always be taken with the caveat that they are both something that is specific to your audience and your law firm’s brand—so test what works best. As long as you have the bandwidth and are not flooding your client’s feeds with your content, it is safe to experiment between three and seven posts weekly. Anything posted on social media can be considered global content. It is a challenge to plan and execute social media campaigns with perceived, real and timely value for your firm’s clients, so be patient and careful to make sure your messages go out at the right time and day. Social media is an invaluable tool in your firm’s arsenal to build its book of business.



Greene County Probate Court: Adoption Home Study and Guardianship Investigations T

By Judge Thomas M. O’Diam Greene County Probate Court

his notice is to inform all local Attorneys and staff of a few recent changes in the Greene County Probate Court: 1) Effective August 5, 2017, the Adoption Assessors for Greene County Probate Court are Laurie S. Pezzot and Amy E. Shumway. Peggy Hagler has retired and will no longer be performing assessor services for Greene County Probate Court. Any adoption filed in Greene County Probate Court in which the court appointed assessor will be utilized should list “Laurie S. Pezzot or Amy E. Shumway” on the Order Appointing Assessor. The Assessor is assigned randomly, therefore both names must be listed on the Order. 2) Effective August 5, 2017, the fees for adoption home study investigations performed by the court’s assessors will be $750.00 for one child, and $50.00 for each additional child in the home being adopted. The fees for adoption home study investigations are required to be paid to Greene County Probate Court at the time of filing. 3) Effective August 10, 2017, the guardianship investigation fee of $75.00 is required to be paid to the Greene County Probate Court at the time of filing.

For any questions or concerns regarding these changes, please feel free to contact Chief Deputy Clerk Laurie S. Pezzot at lpezzot@co.greene.oh.us.

HERBERT M. EIKENBARY TRUST 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. The Dayton Bar Association was successful in furthering the purposes of the trust to provide individual grants up to $2,000 per individual. 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 the late Herbert M. Eikenbary's will by increasing the amount of loans made to young attorneys, which was originally only $500.00 per loan. The maximum individual loans, presently, are available 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. 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: William B. Wheeler, Executive Director Dayton Bar Association 109 N. Main St., Suite 600 • Dayton, OH 45402-1129

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

937-222-7902 www.daybar.org

September 2017 Dayton Bar Briefs


daybar.org/cle Coming soon to a mailbox near you... 2017 CLE Planning Guide



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DBA Estate Planning Trust and Probate Committee presents:




Probate Bonds and Surcharge Actions

Wednesday, September 6, 2017 | 4:00-5:00pm 1.0 CLE Hour General | Seminar #1718-019 CommitteeM $25 | M $35 | NM $45 Join the Estate Planning Trust and Probate Committee as we discuss probate bonds and surcharge actions: when required and when they may be waived; types and amounts of bonds; surcharges and other actions related to bonds. DBA Workers' Compensation and Social Security Committee presents:

Secrets of Social Security Disability Determinations at the Initial Level Thursday, September 7, 2017 | Noon-1:00pm 1.0 CLE Hour General | Seminar #1718-021 CommitteeM $25 | M $35 | NM $45 Presenters: Amy Coverdale and Scott Maietta, Opportunities for Ohioans with Disabilities Agency Join the Workers Compensation and Social Security Committee as we welcome Amy Coverdale and Scott Maietta to discuss the Secrets of Social Security Disability Determinations at the Initial Level. Topics will include: - Overview of the disability determination process - Initial level disability determination procedures - The role of an attorney representative

Rules of Evidence Series: All You Ever Wanted to Know About Hearsay (video replay) Tuesday, September 19, 2017 | 1:00-3:30pm 2.5 CLE Hours General | Seminar #1718-023 M $105 | NM $150 | PP $0 Presenter: Hon. Mary Kate Huffman, Montgomery County Common Pleas Court

Judge Langer’s 2016 Criminal Law Update Survey of US Supreme Court, Ohio Supreme Court and Ohio Appellate Case Law (video replay) Tuesday, September 26, 2017 | 1:00-4:15pm 3.0 CLE Hours General | Seminar #1718-024 M $105 | NM $150 | PP $0 Presenter: Hon. Dennis J. Langer, Montgomery County Common Pleas Court

The Heroin Epidemic: What Can Be Done? Wednesday, September 27, 2017 Noon-1:00pm 1.0 CLE Hour Professional Conduct Seminar #1718-025 M $35 | NM $45 | PP $0 Presenter: David M. Novick, MD A physician's view of the heroin epidemic will be presented. The scope of the problem and the physical, environmental, and behavioral clues to heroin use will be covered. Medication-assisted treatment of opioid use disorder will be explained, along with the rationale and evidence for treatment with buprenorphine (Suboxone) and naltrexone (Vivitrol). This will be directed to lawyers, magistrates, and judges; others working in the legal system who are interested in this topic will find it worthwhile.

Join the DBA for a new seminar series for new attorneys who want an indepth primer on the Rules of Evidence and experienced attorneys looking for a refresher on evidence. This will be part two of a series reviewing and analyzing each Rule of Evidence in detail.

Professional Conduct: The Top 10 Ethics Mistakes (video replay) Monday, September 25, 2017 | 1:00-4:15 3.0 CLE Hours Professional Conduct | Seminar #1718-033 M $105 | NM $150 | PP $0 Presenters: John Ruffolo Esq., DBA Bar Counsel Marc Tuss Esq Denise Platfoot-Lacey, Associate Professor of Externships, UDSL 12

Dayton Bar Briefs September 2017

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The Rules of Evidence Series: Character and Impeachment

Friday, September 29, 2017 9:00-12:15pm 3.0 CLE Hours General Seminar #1718-020 M $105 | NM $150 | PP $0 Presenter: Hon. Mary Kate Huffman Montgomery Cty Common Pleas Ct

This three-hour CLE presentation will explore the challenges associated with character and impeachment evidence. The presentation will aid participants in identifying the difference between character evidence offered to support a claim or defense and impeachment evidence offered to test the credibility of a witness. Participants will also learn the various methods of introducing character and impeachment evidence and under what circumstances the methods of introducing the evidence are appropriate.

Staying on Target: Recent Changes to Ohio’s Gun Laws Monday, October 23, 2017 Noon-1:00pm 1.0 CLE Hour 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.

Recent Ethics Violations & the Ethical Perils of Social Media 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 Hours 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. Agenda: 9:00-10:00am Tools from the Bench for Providing Indigent Clients with the Best Representation Possible Judge Michael T. Hall, Presiding/Administrative Judge; 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 26, 2017 9:00-12:15pm 3.0 CLE Hours 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. 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 Conference

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

Criminal Justice, Civil Consequences and Hot Topics 2017 www.daybar.org

September 2017 Dayton Bar Briefs


DBA 2017-2018 Committee Leadership Administrative Committees

Eikenbary Advisory Board Frank B. Williams III Esq., Chair *Meetings scheduled when necessary.

Service Committees

Dayton Bar Briefs Editorial Board Chair & Vice-Chair TBD *Meetings scheduled when necessary.

Substantive Committees-cont'

Civil Trial Practice & ADR Lauren K. Epperley Esq., Chair Jeffrey A. Hazlett Esq., Vice-Chair

Diversity Issues Mag. Brandon C. McClain, Co-Chair Kevin J. Conner Esq., Co-Chair Judges’ Committee on Notaries Public Fredric L. Young Esq., Chair Harry G. Beyoglides Jr. Esq., Co-Chair *Meetings scheduled when necessary.

Unauthorized Practice of Law & Fee Dispute Arbitration John M. Ruffolo Esq., Chair *Meetings scheduled when necessary.

Advisory Committees Bar Exam and Qualifications Julius L. Carter Esq., Chair Jack Hilgeman Esq., Vice-Chair *Meetings scheduled when necessary.

Professional Ethics DK (Rudy) Wehner Esq., Chair Paul Roderer Jr. Esq., Vice-Chair Daniel J. Brandt Esq., Chair Tabitha D. Justice Esq., Vice-Chair


1st Tuesday at noon September 5, 2017 October 3, 2017 November 7, 2017 January 9, 2018 February 6, 2018 March 6, 2018 April 3, 2018 May 1, 2018

2nd Tuesday at noon September 12, 2017 October 10, 2017 November 14, 2017 January 9, 2018 February 13, 2018 March 13, 2018 April 10, 2018 May 8, 2018 Corporate Counsel (In-House Counsel) Benjamin A. Watson Esq., Chair Kevin C. Quinlan Esq., Vice-Chair

Paralegal Sharalie Albanese, Chair *Meeting dates TBD

Public Service & Congeniality Adam H. Krumholtz Esq., Co-Chair Michael J. Jurek Esq., Co-Chair

Same Friday(s) as Chancery Club Luncheons at 11:00am September 15, 2017 February 9, 2018 October 13, 2017 March 16, 2018 November 10, 2017 April 20, 2018 May 11, 2018

Substantive Committees

Appellate Court Practice Anne P. Keeton Esq., Chair Susan D. Solle Esq., Vice-Chair

2nd Wednesday at noon September 13, 2017 February 14, 2018 March 14, 2018 October 11, 2017 November 8, 2017 April 11, 2018 May 9, 2018 January 10, 2018

4th Thursday at 4:30pm September 28, 2017 October 26, 2017 November 16, 2017 January 25, 2018 February 22, 2018 March 22, 2018 April 26, 2018 May 24, 2018 Criminal Law & Its Enforcement Tony D. Schoen Esq., Chair Mike P. Dailey Esq., Vice-Chair 3rd Wednesday at noon September 20, 2017 October 18, 2017 November 15, 2017 January 17, 2018 February 21, 2018 March 21, 2018 April 18, 2018 May 16, 2018

Contact Carol to Join Today! cblevins@daybar.org | 937.222.7902

Substantive Committees-cont'

Domestic Relations Abigail N. Wiwi Esq., Chair Michael J. Jurek Esq., Vice-Chair

Federal Practice Victoria L. Nilles Esq., Chair Michael N. Rhinehart Esq., Vice Chair

Real Property Sam G. Brinker Esq., Chair Brandon Hedrick Esq., Vice-Chair

2nd Thursday at noon September 14, 2017 October 12, 2017 November 9, 2017 January 11, 2018 February 8, 2018 March 8, 2018 April 12, 2018 May 10, 2018

2nd Monday at noon September 11, 2017 October 9, 2017 November 13, 2017 January 8, 2018 February 12, 2018 March 12, 2018 April 9, 2018 May 14, 2018

2nd Thursday at noon September 14, 2017 October 12, 2017 November 9, 2017 January 11, 2018 February 8, 2018 March 8, 2018 April 12, 2018 May 10, 2018

Environmental Law Nathan C. Hunt Esq., Chair Daniel A. Brown Esq., Vice-Chair

Juvenile Law Laura M. Woodruff Esq., Chair Mag. Gerald Parker Jr., Vice- Chair

Small Firm/Solo Office Chair & Vice-Chair TBD Workers’ Compensation / Social Security Douglas S. Jenks Esq., Chair Lindsey C. Posey Esq., Vice-Chair

Bimonthly, 2nd Wednesday at noon September 13, 2017 November 8, 2017 January 10, 2018 March 14, 2018 May 9, 2018 Estate Planning, Trust & Probate Law Edward M. Smith Esq., Chair David D. Brannon Esq., Vice Chair

1st Wednesday at 4:00pm September 6, 2017 October 4, 2017 November 1, 2017 January 3, 2018 February 7, 2018 March 7, 2018 April 4, 2018 May 2, 2018


1st Monday at 4:00pm September 11, 2017 October 2, 2017 November 6, 2017 January 8, 2018 February 5, 2018 March 5, 2018 April 2, 2018 May 7, 2018 Labor & Employment Law Kristina E. Curry Esq., Chair Adam R. Webber Esq., Vice-Chair

3rd Thursday at noon September 7, 2017 October 5, 2017 November 2, 2017 January 4, 2018 February 1, 2018 March 1, 2018 April 5, 2018 May 3, 2018 Young Lawyers Division Nadia A. Klarr Esq., Co-Chair Katherine L. Epling Esq., Co-Chair

2nd Tuesday at noon September 12, 2017 October 10, 2017 November 14, 2017 January 9, 2018 February 13, 2018 March 13, 2018 April 10, 2018 May 8, 2018

1st Wednesday at Noon September 6, 2017 October 4, 2017 November 1, 2017 January 3, 2018 February 7, 2018 March 7, 2018 April 4, 2018 May 2, 2018 September 2017 Dayton Bar Briefs



Foundation Fellows

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

Hon. Dennis J. Adkins Charles F. Allbery III Esq. Debra B. Armanini Esq. Theresa A. Baker Esq. Jonathon L. Beck Esq. Cheryll A. Bennett Esq. Susan Blasik-Miller Esq. Robert A. Bostick Esq. Karen D. Bradley Esq. Joan B. Brenner Esq. Hon. James A. Brogan Hon. James F. Cannon Hon. Anthony Capizzi Robert L. Caspar Jr. Esq. Mark R. Chilson Esq. Hon. William A. Clark Brooks A. Compton Esq. Christopher F. Cowan Esq. Jeffrey T. Cox Esq. Dale E. Creech Jr. Esq. F. Ann Crossman Esq. Robert M. Curry Esq. Hon. Steven K. Dankof Sr. Larry J Denny Esq. *Peter J. Donahue Esq. Hon. Mary E. Donovan Daryl R. Douple Esq. Hon Frederick W. Dressel Trisha M. Duff Esq. David M. Duwel Esq. James A. Dyer Esq. Christopher B. Epley Esq. Lauren Kay Epperley Esq. Lee C. Falke Esq. Robert N. Farquhar Esq. Charles J. Faruki Esq. Mag. Gina A. Feller Hon. Patrick J. Foley Gary L. Froelich Esq. Hon. Jeffrey E. Froelich *Richard L. Furry Esq. Mag. Joseph S. Gallagher 16

Dayton Bar Briefs September 2017

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

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

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



new members ATTORNEYS BRUCE, Jared M. Care Source Admitted to Ohio Bar: 11/15


GOTTSCHALL, Matthew D. WilmerHale Admitted to Ohio Bar: 11/97

Grow personally and professionally through committee participation! Log on to view “Interest Groups”

MEDIRATTA, Tracy L. WilmerHale Admitted to Ohio Bar: 11/98


MORIARTY, Meredith C. WilmerHale Admitted to Ohio Bar: 5/10 REYNOLDS, Perry I Admitted to Ohio Bar: 11/09

PARALEGAL FRAZIER, Cindy L. Crossman & Maciorowski, LLC


Dayton Bar Briefs September 2017



September 2017 Dayton Bar Briefs


Bill an



We have advanced the Association and its value to the legal profession Thank You Dayton Bar Association!


mber 2003

Dayton Bar Briefs Septe

ince announcing my retirement in Mid-May, I have received many kind and thoughtful comments regarding my work with the DBA. Hearing that my efforts, over the past 14 years, have been effective and appreciated means so much and gives me satisfaction in knowing that I have served you well. I thank you for the confidence and support you have expressed during my tenure as Executive Director! Over the past 14 years, the DBA has made great progress and advanced our Association with a wide variety of programs, services and resources to assist legal professionals and the citizens of the greater Dayton community. These accomplishments, highlighted by the purchase of permanent offices in Performance Place, are a direct result of skilled Board leadership, committed Trustees, a dedicated Association staff, and most importantly, a membership who has supported these efforts and contributes to the success of the Dayton Bar Association. It has been a privilege and a pleasure to serve as your Executive Director and I have enjoyed tremendously my time with the DBA. TOGETHER we have been able to advance the Association and provide Economic, Professional and Personal Value to our members. All organizations evolve over time and the successful ones meet the challenges and continue to grow and thrive. The DBA has met these challenges and will continue to do so on into the future. We are a better organization today than in the past and your new Executive Director will continue to lead the organization to new and greater heights in the years to come. I am a firm believer that things happen for a reason and that my coming to the Dayton Bar Association, after several different and diverse careers, has been a mutually beneficial relationship. As the DBA’s Executive Director, I have been able to apply my accumulated career experience to our work at the DBA every day. Saving the best for last and being able to retire from my most enjoyable and rewarding position, is a true blessing.

Thank You!


ill and eeting B n Solle M l a u n n a s 2017 A President Su DBA

GDVLP arculewicz (Ret. uncheon M ka en el H d Bill an 2013 Holiday L Exec. Dir.) at the

nd DBA President Bob Surdyk 2004 Golf Outing

2017 Annu

al Meeting

- Bill and F amily

Judge Rice event Honoring 45 years of Service - 2015

Bill and wife Charlene 2017 Liberty Bell Awards Bill, President of the Conference of and friend Metropolitan Bar www.daybar.org

Associations September 2017 Dayton Bar Briefs



Not a Farewell! Notes from Your Staff

By Chris Albrektson Asst. Executive Director & LRS Director


t’s hard to believe that it’s been 14 years since Bill Wheeler joined the DBA as Executive Director. In fact, at this writing, it’s been exactly 14 years today. It seems like yesterday so I must ask myself where has the time gone? When I think back over these past years, I can’t believe the things the DBA has accomplished under Bill’s leadership. In fact, I could probably fill up the pages of this publication but I will spare you. Bill is the most dedicated person I’ve ever met, sometimes working late into the evening and on weekends to ensure this association, YOUR association is meeting the standards and needs of its members and the public. Bill has been a boss, a mentor and a friend not only to me but our entire staff over the last 14 years and I can say without a doubt he will be missed by not only myself and our staff, but our entire membership as well. As he moves on to the next phase of his life, retirement, I refuse to say goodbye, but I will say farewell Mr. Wheeler, it’s been a true pleasure working with you this past 14 years and I wish you all the best.

Carol A. Blevins Notary Administrator & Committee Coordinator It has been a joy working with Bill. He is always looking for ways to improve the Association and an all around friendly person. He is never satisfied with the way the displays in the hall look and every time he goes down the hall he moves something around maybe just straightens it a tad. He moves the green fake plants around from time to time as well. Nothing at all like his office that I have never been able to figure out how he finds something. I am still waiting for that “Special Project” to add to my collection from other Executives. We shall all miss him because he is a very hard act to follow. 22

Shayla M. Eggleton Publications Manager The ever consummate leader, gentlemen and good-hearted person, when I was facing the uncertainties of life fresh out of college, Bill helped me shape the beginning stages of my career life by providing me with important tools, opportunities for advancement and most importantly, his sincere vote of confidence as I took over the reigns of DBA Publications. I'm pretty sure I owe him a pair of golf clubs after he graciously let me putt with his during our last Golf Outing (“putting” is putting it nicely, lol) - the ride has been very fun. May you be blessed as you enter this phase of life that hopefully consists of a million reasons to smile. Please don’t be a stranger. I will miss you!

Dayton Bar Briefs September 2017

Janet Gardner Accountant Bill, I have experienced so much growth during my 12 years here with you at the DBA, both personally and in my career. I am forever indebted to you for giving this kid, straight out of college, a chance in a real job. The tip of the iceberg was you giving me my downtown office with a window, a childhood dream of mine. The skills I have learned here are invaluable and will be carried with me always. Thank you for letting me ‘own’ this job and entrust me with the knowledge that it takes for me to put my best foot forward and produce the financial facts that keep the DBA moving forward. The organization, and myself, have been lucky to have you as a leader.

Lori A. Luebben Personnel Placement / Member Services I can’t thank Bill enough for making me part of the DBA Family. I knew Bill prior to coming to the Bar Association from my previous employment. I happened to be at the right place at the right time when Bill asked me to come in and interview. The rest is history. Bill, I sincerely thank you! Your family at the DBA will miss you greatly!

Jennifer Otchy Director, Continuing Legal Education Under Bill’s leadership, the Dayton Bar Association has flourished. He has worked diligently to ensure that DBA members receive value and professional advancement with their membership and has established the DBA as convenient, affordable, relevant and welcoming Bar Association. Bill’s outstanding vision and dedication to the Dayton legal community is unprecedented. His character and integrity is significant and we are grateful for his professionalism and leadership these past 14 years.

Sarita L. Simon Esq. Intake Specialist, Lawyer Referral Service It has been a pleasure to work with and for someone who is as honest and compassionate as Bill. Bill is a true gentleman. Once he has settled into retirement I wish him many happy adventures.


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. September 2017 Dayton Bar Briefs



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!

First Monday in October Event Monday, October 2 | UD Law School | 11:15am

Judge Langer

This year’s event will feature Guest Speaker, The Honorable Dennis J. Langer of the Montgomery County Common Pleas Court, who will speak on the topic, "Abraham Lincoln and the Supreme Court's Infamous Dred Scott Decision".

To celebrate the annual opening of the United States Supreme Court, the Dayton Bar Association, in partnership with the University of Dayton School of Law, will host its 5th Annual Celebration.

Monday, October 2, 2017 UDSL Mathias Heck Court Room Lunch 11:15am | Program 12:00pm Adjourn 12:50pm There is NO CHARGE, we ask that you please RSVP in advance. Contact Lori: lluebben@daybar.org The First Monday in October Event is generously sponsored by the Jack and Sally Eichelberger Foundation.


Dayton Bar Briefs September 2017



Legal Aid Celebrating its 50th Anniversary A series of activities is under way as legal aid celebrates its 50th Anniversary of service to the Dayton community. Donations are being accepted for the Campaign for Equal Justice. Supporters have a variety of options for making a donation to the campaign. In addition, two special events - Justice on Tap! and the Access to Justice Awards Celebration! - will be held this fall. Proceeds from all these activities will help to meet the $200,000 goal of the Campaign for Equal Justice. The funds will support civil legal help for low-income area residents that is provided by Advocates for Basic Legal Equality, Inc. (ABLE), Legal Aid of Western Ohio, Inc. (LAWO), and the Greater Dayton Volunteer Lawyers Project (GDVLP). The ACCESS TO JUSTICE AWARDS CELEBRATION! will have additional significance this year as legal aid celebrates its 50th Anniversary in Dayton. In addition to awards that will be presented to individuals and organizations for providing extraordinary assistance to low-income individuals, the event will highlight the history and significance of legal aid that strives to ensure fairness and justice for all. The event will acknowledge sponsors, including law firms that have given through the annual campaign at sponsorship levels. It also will highlight a 50th Anniversary appeal to raise additional funds to reduce the number of disadvantaged residents who must be turned away due to limited funding. Individuals and families seek assistance from ABLE, LAWO, and the GDVLP when they are in crisis. While thousands benefit from legal services each year, 1,976 individuals living in poverty were turned away in 2016. Funds will be used to: help additional Dayton area residents avoid homelessness; assist survivors of domestic violence and elder abuse; stabilize incomes; and assist persons with disabilities, those who need access to health care, veterans, and immigrants and refugees.



Justice on Tap! Co-Chairs: Shannon Bockelman Esq., Freund Freeze & Arnold Christina Back Esq., Altick & Corwin Co., LPA

JUSTICE ON TAP! at downtown Warped Wing Brewing Company will be held October 2nd from 5:30 p.m. to 8 p.m. An admission fee of $50 covers two flights or pints of beer, hors d’oeuvres, a raffle ticket for an assortment of gift baskets, and support for the Campaign. Attorneys with two years or less experience and students may attend for $15. Reservations can be made with a credit card online at: campaign4equaljustice.org. “This is a great event and an easy way to support LAWO, ABLE and GDVLP,” says Shannon Bockelman of Freund Freeze & Arnold who is cochair of the event along with Christina Back of Altick & Corwin Co., LPA. “For only $50, you get outstanding locally crafted beer and food, while helping low-income and disadvantaged individuals who face legal challenges. It’s a casual and fun event, all for a good cause.” Firms may purchase tickets for colleagues that will be credited as a portion of their campaign donations. In addition, sponsorships of $500 to $2,000 are available. They include promotions for firms, businesses, and organizations at the event and acknowledgement at the Access to Justice Awards Celebration! Additional information is available at 937-535-4432.


Donations to the Campaign for Equal Justice may be made with a credit card at campaign4equaljustice.org. To text to give through a mobile device, text to 937-240-5065. Send the message to EQUAL to give and complete the credit card transaction. Donations may be mailed to Campaign for Equal Justice, C/O ABLE, 130 W. Second St., Ste. 700, Dayton, OH 45402. www.daybar.org

September 2017 Dayton Bar Briefs



Available Now!!!


Dayton Bar Briefs September 2017


Find Out What Fastcase 7 is All About!

Put that book down! Welcome to the 21st century with legal research powered by analytics. Courtesy of @Fastcase and the DBA.

Fastcase Tip:

You are already a member of Fastcase (via the DBA), so why not take a moment to learn how to use it? Learn about everything from getting started to the more advanced features, such as Forecite and multi-jurisdictional searches. Visit www.fastcase.com/support and click on “Documentation and Downloads”. The guides offer something for everyone, from beginners to Fastcase veterans.

Fastcase research and free online webinars:


Unlimited free legal research for DBA members. Log in: www.daybar.org


Don’t know your login? Contact: Lori (lluebben@daybar.org) or Chris (calbrektson@daybar.org) at 937.222.7902

September 2017 Dayton Bar Briefs



HELP WANTED: How Attorneys and Firms Can Help Fight the Region's Opioid Epidemic


began presiding over the Montgomery County General Division’s Women’s Therapeutic Court (“WTC”) in January, 2017. My colleague, Judge Greg Singer, spearheaded the creation of WTC in 2013. Prior to that time, the Montgomery County General Division had long operated a co-ed drug court. However, evidence-based best practices from courts around the nation demonstrated that greater success was achieved through single-gender drug courts. Aligning with that best practice, the Court now operates an all-male drug court, over which Judge Barbara Gorman currently presides, and WTC. Additionally, the Court operates a Veteran’s Treatment Court, over which Judge Timothy O’Connell presides. Similarly, the Juvenile Division operates a juvenile drug court and family treatment court. These specialty courts are certified by the Ohio Supreme Court which requires adherence to national and state standards and protocols that are evidence-based. These specialty courts serve the important function of guiding those suffering from substance abuse disorder and addiction into sustained recovery. This task of intensely supervising men and women embarking on the difficult journey to a full and sustained recovery from addiction involves frequent appearances before the judge (initially weekly), frequent visits with probation officers (weekly sometimes escalating to daily), frequent and random drug and alcohol testing, consistent and extensive engagement with drug and alcohol treatment programs, and usually (but not always) compliance with a medically assisted treatment protocol such as Vivitrol,


Dayton Bar Briefs September 2017

methadone, or suboxone. When specialty court participants achieve positive progress, they rapidly receive rewards and accolades for that success. When the participants are not fully successful and compliant, then they incur swiftly administered consequences that are known in advance and scaled for the seriousness and frequency of the violation. This consistent pattern of rewards and consequences helps provide the personal motivation, incentives, and disincentives needed to change thinking and behavior. Across the nation, and locally, the approach taken by specialty drug courts yields results superior than usual intensive or basic community supervision of offenders. Locally, nearly 75% of participants successfully complete the drug court programs, meaning that clients have abstained from illegal drugs and alcohol for at least one year. Many specialty court participants graduate from these programs with a solid two, three, or more years of recovery to their credit. Not every criminal defendant with a substance abuse disorder or history of drug abuse has the opportunity to participate in these specialty courts. Resources limit the number of participants. Likewise, screening assessments are performed to identify potential participants. That screening seeks to identify high risk offenders, that is, offenders highly likely to continue using illegal drugs and committing criminal offenses absent this intensive process of community supervision. Virtually all participants have made previous but unsuccessful efforts at treatment and recovery. These specialty court programs are essential, especially in light of the lethality of

By Hon. Mary L. Wiseman Montgomery Cty Common Pleas Court modern street drugs. The presence of lethal doses of fentanyl, carfentanyl and analogs of them in today’s drug trade make this drug epidemic even more tragic than the drug crises before it, something once thought to be unimaginable to those that work on the front lines of fighting addiction. Judges, probation officers, and treatment providers see or hear about the death toll daily as court participants report that their mothers, fathers, sisters, brothers, boyfriends, girlfriends, or others close to them have died of overdoses. Sadly, relapse has taken the life of some drug court participants. As a specialty, problem-solving court, WTC needs help. Local attorneys and firms can help in three easy, concrete ways. One component of WTC is that it provides a free (non-mandatory) lunch to every participant just prior to the weekly court session. Westminster Presbyterian Church, located within one block of the courthouse, graciously has donated its fellowship hall to host the luncheons. The lunches occur on Wednesdays from noon until one. The food is supplied by local faith groups, non-profits, social service agencies, and other community volunteers and businesses. Some providers bring the food while others donate funds that allow the court to order pizza or sandwiches for delivery. Finding these weekly lunch providers is taxing and I fear that we may be wearing out our welcome for some. Hence, you, or a group of you, or a firm could volunteer to provide or underwrite one or more of these weekly luncheons provided by the court. Second, the lunches include a short presentation, usually about fifteen minutes long, concerning a resource or topic of value and interest to the WTC clients. If your faith institution has programs or outreach for those in recovery, we would welcome a presentation. Similarly, if you are involved in a

continued on page 29


FROM THE JUDGES DESK: HELP WANTED: Region's Opioid Epidemic continued from page 28 community group that has programs open to the public, please come and tell us about them. Whether the programs are for social services, education, spirituality, recreation, entertainment, or recovery, we want to learn about free or inexpensive experiences, services and opportunities within the region. Also, if your clients or client contacts have connections to programs or services, you could help us network by making an introduction or forwarding them a copy of this article. Additionally, these presentations, demonstrations, and programs, in a longer format, could be presented to an even larger audience at the court’s Day Reporting Center located on Gettysburg Road in Dayton. For example, the Bruner Literacy Center conducts tutoring and GED preparation classes at the Day Reporting Center, serving many justice-involved individuals, including WTC participants. Finally, WTC operates a “rewards store.” As mentioned above, the behavioral modification model followed by WTC relies on incentives, as well as sanctions. One of the incentives that a participant may earn is a trip to the rewards store. Essentially, the client gets to make a free selection from a very large goodie bag. These items are donated. For example, Beth Abraham Synagogue filled multiple boxes of personal items collected as part of a social outreach project in conjunction with its 2017 Women of Valor luncheon. This collection was initiated and led by local attorney Bonnie Beaman Rice. WTC’s clients have been thrilled with the results. The most popular items in the rewards store are self-care items and treats that our women normally forgo due to budget constraints. Scented soaps, lotions, make-up, nail polish, shampoos, and the like fly off the shelves. If you, your firm or agency would hold a collection to contribute to the rewards store, that gesture will be a crucial piece of this challenging work.

While national media has spotlighted the opioid epidemic in our region, the less reported but equally important story is about our community’s valiant, ongoing response to that problem. Many stakeholders are intervening, innovating, and collaborating to address this dire public health emergency. The local bar, through individual attorneys and firms, can play a meaningful role in helping. For more information, please contact my staff attorney, Sue Ferrell, at 937-2256586 or susan.ferrell@montcourt.oh.gov.

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Dayton Bar Briefs Summer 2017


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Delivering trusted advice that will be felt for generations. For more than 50 years, Johnson Investment Counsel has been passionate about serving our clients, their families, and our community with integrity. Our trusted advisors manage over $9 billion in assets and are focused on providing you with integrated wealth management services to help you plan a future that will support generations to come.

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

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. 32

Dayton Bar Briefs September 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

JOIN US Groups: Thurgood Marshall Law SocietyDayton


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University of Dayton School of Law



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

Prosecuting Attorney Mat Heck, Jr. announced that MS. ERIN LEIGH CLAYPOOLE has been promoted to the Violent Crimes Bureau of the Criminal Division of the Montgomery County Prosecuting Attorney’s Office. The Violent Crimes Bureau handles the prosecution of Homicide and other high-profile cases in Montgomery County. Erin has been assigned to the Child CLAYPOOLE Support Enforcement Division, Preliminary Hearings, and Intake/Grand Jury Section, before being appointed as a Criminal Docket Attorney. From 2001 to 2007, Erin was the Supervising Attorney of the Family Violence Unit, specializing in the prosecution of primarily domestic violence cases. In March 2007, Erin was promoted to Criminal Trial Team Supervisor, where she also supervised the Child Abuse Bureau, located at CARE House.

CLOUGH Treasurer.

Pickrel, Schaeffer & Ebeling Co., LPA, is pleased to announce that JOHN E. CLOUGH has been selected by his peers for inclusion into the 2018 edition of The Best Lawyers in America, in the area of Trusts and Estates. John E. Clough, is a shareholder with the firm with the Probate and Estate Planning Department. He is licensed to practice law in the states of Ohio and New York. John is the firm’s Executive Vice-President – Finance and Corporate

Montgomery County Prosecuting Attorney Mat Heck, Jr. announced that MR. JOSHUA T. SHAW has been appointed to the position of Assistant Montgomery County Prosecuting Attorney. Previously, Joshua was a City of Dayton Assistant Prosecutor. Joshua is assigned to the Intake/Grand Jury Section of the Prosecutor’s Office. The Intake/Grand Jury Section SHAW is comprised of assistant prosecuting attorneys whose primary responsibility is conducting Preliminary Hearings in the municipal courts as well as presenting cases for indictment before the Montgomery County Grand Jury.


Dayton Bar Briefs September 2017

2018 The Best Lawyers® in America First published in 1983, Best Lawyers is based on an exhaustive annual peer-review survey comprising of more than 6.7 million evaluations by top attorneys. Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel Magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” Attorneys from Dinsmore & Shohl LLP: James E. Beyer; Richard A. Broock; Frederick J. Caspar; Richard J. Chernesky; Thomas L. Czechowski; Karen R. Dillon; Kimberly Gambrel; James F. Gottman; Timothy W. Hagan; Ralph E. Heyman; Timothy D. Hoffman; Edward M. Kress; William J. Leibold; Matthew A. Molloy; Lisa S. Pierce; B. Joseph Schaeff; Merideth A. Trott; Steven R. Watts; Thomas P. Whelley II.; David R. Wickham; Philip A. Zukowsky 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 Dinsmore & Shohl LLP: Timothy W. Hagan; Timothy D. Hoffman; David R. Wickham

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, September 15, 2017 Friday, October 13, 2017 Friday, November 17, 2017 Friday, February 9, 2018 Friday, March 16, 2018 Friday, April 6, 2018 Friday, May 11, 2018 Wills for Heroes Charles I. Lathrem Senior Center 2900 Glengarry Dr., Dayton, OH 45420 Saturday, September 30, 2017 Training 8:30am; Appointments 10:00-2:00pm 50 Year Honoree Luncheon Sinclair Community College, Bldg 12 Wednesday, October 11, 2017 Doors open at 11:30am Breakfast with the Bench Friday, October 20, 2017 Sinclair Community College, Charity Earley Auditorium Annual Bench Bar Conference Sinclair Community College, Bldg 12 Friday, November 3, 2017 Criminal Law Certification Thursday, November 30, 2017



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!


Holzfaster, Cecil, McKnight & Mues has an opening for a lawyer with preferably 3+ years experience in Domestic Relations work. Some present book of business is a plus. Please send resume to: Chip Mues at lawdayton@gmail.com.

DB\A' Paralegal Committee Meet and Greet Thursday, September 21, 2017 | 5:30pm BAR LOUIE 4492 Glengarry Drive, Beavercreek, OH 45440


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


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

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.

EDITORIAL ERROR: It has been brought to the attention of the DBA Editorial Board, that the Summer 2017 announcement thanking the DBA Foundation Fellows was missing several different Fellow names. The DBA experienced a glitch in our database and we apologize for the names that were unintentionally, omitted. Please review the correct list on page 16. We apologize for any confusion this may have caused. www.daybar.org


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

advertiser index ComDoc Inc..............................................19 DayPerks Corporate. .............................18 Eikenbary Trust ......................................11 Elizabeth Diamond Company ..............30 Ferneding Insurance................................7 J. Steve Justice - Mediations...................7 Johnson Investment Council................31 LCNB Bank................................................27 The Lipp Firm Co., LPA........................ 29 Miller Creative Strategies......................5 National Processing Solutions.............30 OBLIC..........................................back cover Park-N-Go.................................................9 R.L. Emmons & Associates.....................11 Rogers McNay Insurance.......................19 Trisha M. Duff - Mediations...................19 September 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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September 2017