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The Magazine of the Dayton Bar Association |SUMMER 2018 | Vol. 67, No. 10


Bar Briefs get the scoop

summer is almost over but there's always time to take advantage of the discounts and value of dba membership!

Barrister of the Month The Honorable Robert L. Deddens pg 6

Civil Trial Practice Recent Amendments to Fed. R. Evid. 902 pg 8

for the good Spotlighting D. Jeff Ireland Esq. pg 22



Bar Briefs

Summer 2018 | Vol. 67, No.10

Dayton Bar Association Board of Trustees 2018 – 2019

David P. Pierce President

Features 6


By Diana L. Jia Esq.







Hon. Mary L. Wiseman First Vice President

Fredric L. Young

Second Vice President

Cara W. Powers Secretary

Brandon C. McClain Treasurer

Cassandra L. Andres Rice Member–at–Large

Caroline H. Gentry Member–at–Large

Denise L. Platfoot Lacey Member–at–Large

Adam R. Webber Member–at–Large

Recent Amendments to Fed. R. Evid. 902

By Sean P. McCormick Esq.

By David C. Greer Esq.

TCAP: New Developments in Sentencing

By The Honorable Michael W. Krumholtz



Brian L. Wildermuth 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.






Upcoming Events 14




*Apply online: www.daybar.org/InnofCourt

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



Fri. September 21st | 8:30-4:15pm | DBA Seminar Room

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 Summer 2018


Paid subscription: $30 / year Library of Congress ISSN #0415–0945



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.

Coolidge Wall Co., LPA www.coollaw.com Founded in 1853, Coolidge Wall Co., L.P.A. is a premier resource for businesses and individuals. From our historic office in downtown Dayton, we serve clients throughout the Greater Miami Valley area and all over the world. As one of the oldest and most respected law firms in Ohio, we are trusted legal professionals with a history of obtaining results.

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.

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Thompson Hine LLP www.thompsonhine.com Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 7 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times. For 5 straight years, Thompson Hine has distinguished itself in all areas of Service De-livery Innovation in the BTI Brand Elite, where it has been recognized as one of the top 4 firms for “Value for the Dollar” and “Commitment to Help” and among the top 5 firms “making changes to improve the client experience.” The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTH® – a smarter way to work – predictable, efficient and aligned with client goals.


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2018-2019 DBA Board of Trustees

David P. Pierce

Hon. Mary L. Wiseman


Phone: 449-5543 pierce@coollaw.com

First-Vice President

Fredric L. Young

Member-at-Large Phone: 913-0200 crice@gplawdayton.com

Phone: 228-4275 McClainB@mcohio.org




Immediate Past President

Phone: 449-6748 cgentry@porterwright.com

Phone: 229-4634 Dlacey1@udayton.edu

Phone: 222-3000 adam@ohiolawyers.cc

Phone: 427-8800 bwildermuth@swohiolaw.com



Adam R. Webber


Denise L. Platfoot Lacey

Bar Counsel, ex officio Phone: 434-3556

Dayton Bar Briefs Summer 2018

Phone: 499-9720 cwpowers@premierhealth.com

Caroline H. Gentry

John M. Ruffolo


Brandon C. McClain

Second-Vice President

Phone: 225-4384 Phone: 224-3333 mary.wiseman@montcourt.oh.gov flyoung@green-law.com

Cassandra L. Andres Rice

Cara W. Powers

Brian L. Wildermuth

Sally Dunker

Executive Director, ex officio Phone: 222-7902 sdunker@daybar.org



Summer 2018 Dayton Bar Briefs



The Honorable Robert L. Deddens

One of a Kind


t has already been five years since Judge Robert L. Deddens has retired from the bench of the Oakwood Municipal Court due to age restriction. But here he is, greeting me outside his law office (which is located right across the street from the very Court he had served at), showing no interest in retirement. Earlier that afternoon, he paid a visit to one of his clients at a nursing home in Brookville, and he came back with a referral. At age 77, Judge Deddens champions the traditional way of running a practice: keep doing good work, and one thing will lead to another. The idea of going to law school came to Judge Deddens at a fraternity party. This was back in 1964, when Deddens was a chemical engineering graduate from the University of Cincinnati and an intern at Proctor & Gamble. At the party, he learned that one of his friends planned to attend the University of Cincinnati College of Law the following year, and that the university would pay for his room, board, and tuition, in exchange for him keeping tabs on college kids as a residential advisor. Deddens asked his friend, “Do they need anybody else?” Coincidentally, the man who would know the answer to that question happened to be standing behind them. Three years later, Deddens graduated from law school debt-free. “Talk about fortuitous,” he chuckled. After graduating from law school, Judge Deddens chose to stay in Ohio to be near his family. “When I was an intern at Perkins Coie LLP (then Holman, Marion, Perkins, Coie & Stone) in Seattle during law school,” he said, “one of the partners told me that Seattle was a great place, but if you stay out here, after a few years, your family will become people you used to know once. I never forgot the way he put it.” Fast forward to 2018, 12 of Judge Deddens’ 15 grandchildren live within a half-mile from him and they frequent his office on their way home from school. Nowadays, Deddens focuses his practice on probate, estate planning, real estate, and assisting local businesses. But he started his legal career, which spans more than half a century, as a patent lawyer at Marechal, Biebel, French & Bugg. It didn’t take long for him to realize that patent law was not his calling, so he switched to general practice at Gould, Bailey & Farquhar, and later at Young & Alexan-


Dayton Bar Briefs Summer 2018

der. Deddens always knew he wanted to build his own firm. “Build your dreams because if you don’t, someone will hire you to build their dreams.” So he did, in 1987, with eight children1 to support, and one on the way. “It was scary, but Ruth, my great wife, kept encouraging me.” When Oakwood Municipal Court Judge Irv Harlamert retired in 1989, Deddens ran for that much-coveted seat and won. For the next 24 years, he served as the municipal court judge part-time, presiding over traffic, OVI, domestic violence, and civil cases. In 1998, Deddens was thrown into a heated debate in Oakwood involving an underage drinking case. His lesson from his years on the bench? “Treat everyone with great respect, and be kind.” “I read this somewhere, and it seems to fit: My life is an ordinary play, but somehow I got decent reviews.” Deddens describes his life’s work as one involving tons of paper work, but nothing worthy of media-frenzy. This comes from a man who has built a diverse practice over decades, served on the bench, taught legal classes, and contributed his time to the legal community by serving on the grievance committee. Judge Deddens considers himself a lucky man, and, in conversation, he appears content, and humble. The proud father teared up when he talked about the birth of his quadruplet daughters, even though he must have told that story hundreds of times. He fondly calls his nine children his four queens (the quadruplets), pair of jacks (twins), ace high (Darcy the valedictorian, who graduated from Yale and University of Cincinnati College of Law, and has been workcontinued on page 7

Endnotes: 1 If you are from Dayton area, you are probably familiar with the Deddens name as they are the family who welcomed the area’s first quadruplets. Here is the link to a fun story of the quad’s milestone of turning forty in 2014: https://www.mydaytondailynews.com/lifestyles/ quad-squad-milestone/aruS3iorRnnsxxyIejJxXL/


BARRISTER OF THE MONTH: The Honorable Robert L. Deddens continued from page 6

ing part-time at Judge Deddens’ firm since 2009), and two jokers. At the end of the day, as I reflected on my conversation with Judge Deddens trying to best describe him, I keep coming back to the way he made feel: he is a truly kind man.

DAYTON Bar Association


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

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

By Diana L. Jia Esq. DBA Editorial Board Montgomery Cty Common Pleas Court


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

Summer 2018 Dayton Bar Briefs



Recent Amendments to Fed. R. Evid. 902 I

n preparing for trial, you have several social media posts that you intend to use on cross-examination of a key witness. The posts must be authenticated to be admitted into evidence at trial, but opposing counsel will not stipulate to authenticity. Do you need to go searching for a witness to testify as to authenticity? As of December 1, 2017, perhaps not. Fed. R. Evid. 902 was recently amended and now provides that certain electronic evidence is self-authenticating.1 Two new categories of self-authenticating documents were added. Under Rule 902(13): Certified Records Generated by an Electronic Process or System. A record generated by an electronic process or system that produces an accurate result, as shown by a certification of a qualified person that complies with the requirements of Rule 902(11) or (12). The proponent must also meet the notice requirements of Rule 902(11). Rule 902(14) provides: Certified Data Copied from an Electronic Device, Storage Medium, or File. Data copied from an electronic device, storage medium or file, if authenticated by a process of digital identification, as shown by certification of a qualified person that complies with the certification requirements of Rule 902(11) or (12). The proponent must also meet the notice requirements of 902(11).

Both new categories are intended to set forth “a procedure by which parties can authenticate certain electronic evidence other than through testimony of a foundation witness.”2 “[T]he Committee has found that the expense and inconvenience of producing a witness to authenticate an item of electronic evidence is often unnecessary.”3 The Committee Notes go on to state that: It is often the case that a party goes to the expense of producing an authentication witness, and then the adversary either stipulates authenticity before the witness is called or fails to challenge the authentication testimony once it is presented. The amendment provides a procedure under which the parties can determine in advance of trial whether a real challenge to authenticity will be made, and can then pl an accordingly. As a result, the days of having to present a live witness at trial to simply confirm that electronic evidence “is what the proponent claims it is” may be over (at least in federal court).4 Pursuant to Rule 902(13) and (14), “provided that the proponent offers an appropriate certification following an inspection and opportunity for challenge 8

Dayton Bar Briefs Summer 2018

By Sean P. McCormick Esq. Thompson Hine LLP Civil Trial Practice & ADR Committee

during pretrial, these new forms of electronic evidence are selfauthenticating and ‘require no extrinsic evidence of authenticity in order to be admitted.’”5 It is anticipated that the new amendments will influence the authenticating process for all manner of electronic data, including, but not limited to, emails, text messages, cell phone photographs, social media captures and GPS data.6 The amendments are also expected to influence how parties and their counsel go about collecting electronic data.7 The prevailing wisdom is that to satisfy the new authentication rules, parties and attorneys will work with forensic technicians and reputable e-discovery vendors, which can ensure that electronic data is collected and duplicated through standardized processes.8 As opposed to a “doit-yourself method,” parties and attorneys “can have someone who is forensically trained do the capture,” eliminating the need for any “live authentication or [an] authenticity challenge.”9 But both the Committee and practitioners warn that “authentication is only the first step in getting electronic evidence admitted.”10 The Committee Notes explain that: A certification under this Rule can establish only that the proffered item has satisfied the admissibility requirements for authenticity. The opponent remains free to object to admissibility of the proffered item on other grounds – including hearsay, relevance, or in criminal cases the right to confrontation.

continued on page 9

Endnotes: See Fed. R. Evid. 902(13) & (14). The amendments took effect on December 1, 2017. Fed. R. Evid. 902, 2017 Committee Notes. Id. 4 Fed. R. Evid. 901(a). 5 Carl A. Aveni, “New Federal Evidence Rules Reflect Modern World,” Litigation News, Vol. 43, No. 3 (Spring 2018). 6 Id. 7 Id. See also, David R. Choen and Michael B. Fox, “New Amendments to Federal Rule of Evidence 902 Implicate Electronic Data Collection and Authentication,” Reed Smith Client Alert, 2017-074 (March 10, 2017). 8 Id. 9 Aveni, quoting Marcus R. Chatterton, Birmingham, AL, chair of the Social Media Subcommittee of the ABA’s Section of Litigation’s Intellectual Property Litigation Committee. See also Bradley La Force v. GoSmith, Inc., No. 17-cv-05101-YGR, 2017 U.S. Dist. LEXIS 204500, *8 (N.D. Cal. Dec. 12, 2017) (sustaining objection as to authenticity of website screenshots, concluding that although Fed. R. Evid. 902(13) permits the authentication of electronic documents by certification of a qualified person, that individual must still “‘describe the process by which the webpage was retrieved,’” which plaintiff ’s counsel’s declaration did not do) (quoting Fed. R. Evid. 902, 2017 Committee Notes). 10 Id. 1 2 3


CIVIL TRIAL & ADR: Recent Amendments to Fed. R. Evid. 902 continued from page 8 The Committee Notes go on to provide practical and instructive examples: [A]ssume that a plaintiff in a defamation case offers what purports to be a printout of a webpage on which a defamatory statement was made. Plaintiff offers a certification under this Rule in which a qualified person describes the process by which the webpage was retrieved. Even if that certification sufficiently establishes that the webpage is authentic, defendant remains free to object that the statement on the webpage was not placed there by defendant. Similarly, a certification authenticating a computer output, such as a spreadsheet, does not preclude an objection that the information produced is unreliable – the authentication establishes only that the output came from the computer.

Ultimately, the amendments to Rule 902 simply assist in eliminating the oftentimes expensive and time-consuming step of calling a live witness at trial to authenticate a piece or pieces of electronic evidence. They further help standardize the process by which electronically stored information is collected, preserved, processed and duplicated. The amendments are not, however, “silver bullet” by which all electronic evidence is suddenly admissible.11 Parties and their counsel should still be prepared to fight any number of separate evidentiary battles with respect to self-authenticating electronic information. The Committee Notes make clear that the amendments’ purpose is to eliminate the need for foundation witnesses to authenticate certain electronic evidence, reduce litigation expense and shorten trials.12

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Summer 2018 Dayton Bar Briefs


2018-19 Chairs + Meeting Dates Administrative Committees

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

Professional Ethics Tabitha D. Justice Esq., Chair Ronald J. Mauer Esq., Vice-Chair Paul B. Roderer Jr. Esq., Chair Christopher Conard Esq., Vice-Chair *Meetings scheduled when necessary.

Judges’ Committee on Notaries Public Fredric L. Young Esq., Chair Harry G. Beyoglides Jr. Esq., Co-Chair *Meetings scheduled when necessary.

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

Dayton Bar Briefs Editorial Board Nadia A. Klarr Esq., Chair Zachary S. Heck Esq., Chair Kristina E. Curry Esq., Co-Chair Jamar T. King Esq., Co-Chair *Meetings scheduled when necessary.

Paralegal Sharalie E. Albanese, Chair *Meeting dates TBD

Civil Trial Practice & Alternative Dispute Resolution Hon. Steven K. Dankof Sr., Co-Chair Hon. Michael W. Krumholtz, Co-Chair

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

2nd Tuesday at 5:00pm September 11, 2018 October 9, 2018 November 13, 2018 January 8, 2019 February 12, 2019 March 12, 2019 April 9, 2019 May 14, 2019

Same Friday(s) Chancery Club Luncheon @11am September 7, 2018 October 5, 2018 November 2, 2018 February 1, 2019 March 1, 2019 * Thursday, April 4, 2019 May 10, 2019

Substantive Committees

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

Advisory Committees

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

Diversity Issues Brandon C. McClain, Chair TBA, Vice- Chair

1st Tuesday at Noon September 4, 2018 October 2, 2018 November 6, 2018 January 8, 2019 February 5, 2019 March 5, 2019 April 12, 2019 May 7, 2019


Dayton Bar Briefs Summer 2018

2nd Wednesday at Noon September 12, 2018 October 10, 2018 November 7, 2018 January 9, 2019 February 13, 2019 March 13, 2019 April 10, 2019 May 8, 2019

Corporate Counsel (In-House Counsel) Kevin C. Quinlan Esq. Co-Chair Benjamin A. Watson Esq., Co-Chair

4th Thursday at 4:30pm October 25, 2018 November 29, 2018 December 20, 2018 January 24, 2019 February 28, 2019 March 28, 2019 April 25, 2019 May 23, 2019 Criminal Law & Its Enforcement Tony D. Schoen Esq., Chair TBA, Vice-Chair

3rd Wednesday at Noon September 19, 2018 October 17, 2018 November 21, 2018 January 16, 2019 February 20, 2019 March 20, 2019 April 17, 2019 May 15, 2019


Login +Join! www.daybar.org/committees Federal Practice Glen R. McMurry Esq., Co-Chair Michael N. Rhinehart Esq., Co-Chair

Real Property Jonathan F. Hung Esq., Chair Robert D. Ballinger Esq., Vice-Chair

2nd Thursday at Noon September 13, 2018 October 11, 2018 November 8, 2018 January 10, 2019 February 14, 2019 March 14, 2019 April 11, 2019 May 9, 2019

2nd Monday at Noon September 10, 2018 October 8, 2018 November 5, 2018 January 7, 2019 February 11, 2019 March 11, 2019 April 8, 2019 May 6, 2019

2nd Thursday at noon September 13, 2018 October 11, 2018 November 8, 2018 January 10, 2019 February 14, 2019 March 14, 2019 April 11, 2019 May 9, 2019

Environmental Law Timothy D. Hoffman Esq., Co-Chair Steve Siegel Esq., Co-Chair

Juvenile Law Mag. Gerald Parker Jr., Chair TBA, Vice-Chair

Law & Technology Zachary S. Heck Esq., Co-Chair Andrew L. Rossow Esq., Co-Chair *Meeting Dates TBD

Bimonthly, 2nd Wednesday at Noon September 12, 2018 November 7, 2018 January 9, 2019 March 13, 2019 May 8, 2019

1st Monday at 4:00pm September 3, 2018 October 1, 2018 November 5, 2018 January 3, 2019 February 4, 2019 March 4, 2019 April 1, 2019 May 6, 2019

Estate Planning, Trust & Probate Law Edward M. Smith Esq., Chair David D. Brannon Esq., Vice-Chair

1st Wednesday at 4:00pm September 5, 2018 October 3, 2018 November 7, 2018 January 2, 2019 February 6, 2019 March 6, 2019 April 3, 2019 May 1, 2019


Labor & Employment Law Nadia A. Klarr Esq., Chair Matthew T. Crawford Esq., Vice-Chair

2nd Tuesday at Noon September 11, 2018 October 9, 2018 November 6, 2018 January 8, 2019 February 12, 2019 March 12, 2019 April 9, 2019 May 7, 2019

Workers Compensation and Social Security TBA, Chair(s) 1st Thursday at Noon September 6, 2018 October 4, 2018 November 8, 2018 January 3, 2019 February 7, 2019 March 7, 2019 April 4, 2019 May 2, 2019 Young Lawyers Division (YLD) Christina J. Back Esq., Co-Chair Philip J. Krzeski Esq., Co-Chair

1st Wednesday at Noon September 4, 2018 October 2, 2018 November 6, 2018 January 8, 2019 February 5, 2019 March 5, 2019 April 12, 2019 May 7, 2019

Join a DBA Committee Anytime Throughout the Year!

Domestic Relations Jennifer L. Brogan Esq., Co-Chair Trisha M. Duff Esq., Co-Chair


DAYTON Bar Association

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Celebrating Our Legacy and Embracing Our Future

bek Jeff Reza , z c n a an Barry M L. Wisem y r Guest + a M e & Judg

DBA Past Presidents

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2017-18 Outstanding Committee Chairs

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Adam Webber, Sarah Webber & Russell Joseph 12

Dayton Bar Briefs Summer 2018


2018-19 DBA President David Pierce & Sally Dunker, DBA Exec Director

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A Special Thank You DBA Annual Partners GOLD Partner

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And Thank You 2018 Annual Meeting Sponsors The Eichelberger Foundation


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John M. Ruffolo Esq.

Summer 2018 Dayton Bar Briefs


daybar.org/cle 2018 Annual Probate Law Institute (video replay)

2017 DBA Elder Law Update (video replay)

Tuesday, August 7, 2018 | 8:30-4:15pm | Seminar #1819-011 6.0 CLE Hrs M $215 | NM $300 | PP $0 AGENDA:

• Creditors’ Coup: Claims Attack and Asset Protection Matthew R. Hochstetler, Day Ketterer, Canton, 1.0 Hr

• Erosion of Attorney-Client Privilege: Fiduciary Exception

Adam M. Fried Esq., Reminger Co., LPA, Cleveland 1.0 Hr Professionalism

Wednesday, August 29, 2018 | 8:45-4:30pm | Seminar #1819-014 6.0 Hrs incl. 1.0 Hr of Prof. Conduct M $215 | NM $300 | PP $0 AGENDA:

• 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

• Probate Case Law Update

Judge Jack Puffenberger, Lucas County Probate Court 1.0 Hr

• Trust Alert: Maximizing Tax Benefits Without Worrying About the FET John R. Riccardi Esq., U.S. Bank, Cincinnati 1.0 Hr

• Montgomery County Probate Court “Hour of Power:”

Guardianship and Other Current Issues at the Court 1.0 Hr

• Cyber and Social Media Discovery: From Policy to Trial Presentation Andrew Keck, CTO, ProFile Discovery, Columbus, Ohio 1.0 Hr

2018 Annual Domestic Relations Seminar (video replay) Wednesday, August 15, 2018 | 8:30-3:30pm | Seminar #1718-110 5.75 Hrs, incl. 1.0 Hr of Prof. Conduct M $215 | NM $300 | PP $0 AGENDA:

• The DR Case Law Update You Cannot Afford to Miss! Gary Gottfried Esq.

• Child Support Modernization& Senate Bill 125

As America ages, senior care options are beginning to make the headlines. 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.

• 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

• Trusts are Not Just for Rich People: Some Non-tax Planning Thoughts

for Trust Drafting/Funding James L. Jacobson, Esq. of Pickrel, Schaeffer and Ebeling, Co. L.P.A. and Brittany O’Diam Horseman, Esq., O'Diam & Stecker Law Group, Inc.

• Planning Strategies for Asset Protection for Our Clients, Avoiding Estate Recovery & Question and Answer Period Michael J. Millonig Esq.

• Use and Abuse of Powers of Attorney: Drafting, Counseling and

Protecting your Client from Abuse (1.0 Hr Professional Conduct) 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 of Nolan, Sprowl & Smith

State Senator Bill Beagle

• Update from the Bench

Judge Denise Cross & Judge Timothy Wood, Montgomery Cty Domestic Relations Ct

• QDROs & DOPOs: Best Practices and Avoiding Mistakes Keith Kearney Esq., Rogers Greenberg

• Everything You Need to Know About the

"Tax Cuts and Jobs Act of 2017" for your DR Practice Terry Yoho, CPA & Elizabeth H. Downer, CPA; both of Flagel Huber Flagel

• Ethics & Professionalism

Diane Kappeler DePascale Esq.

Recent Ethics Violations & the Ethical Perils of Social Media (video replay) Wednesday, August 22, 2018 | 9:00-12:15pm | Seminar #1819-013 3.0 Hrs Professional Conduct M $105 | NM $150 | PP $0 Presenters: John Ruffolo Esq., DBA Bar Counsel; Glen R. McMurry, Partner Dungan & LeFevre Co, LPA

2018 Elder Law Update Tuesday, October 30, 2018

Criminal Rules by the Number Thursday, November 1, 2018

Annual DBA Bench Bar Conference Friday, November 9, 2018


Dayton Bar Briefs Summer 2018


Friday, September 21, 2018

Juvenile Court

6.25 CLE Hrs

DBA Seminar Room

Attorney Certification Training Seminar Friday, September 21, 2018 8:30-4:15pm | 6.25 Hrs Seminar #1819-016

The Montgomery County Juvenile Court maintains a list of trained attorneys from which it appoints attorneys to advocate the position of and ensure the protection of rights of the client they represent. In order to be placed on the Court's appointment list, an attorney must complete the Court’s Attorney Certification Training.

AGENDA: 8:30-8:45am Juvenile Court Information Judge Anthony Capizzi, Montgomery County Juvenile Court

8:45-9:45am Before Charges Go Official: Intervention Center, Satellite Courts and Disproportionate Minority Contact Diversion Program

Pricing Member $215/$230 day of

Tiffany Dulin, Intervention Center; Dorian Davis, Intervention Center

NonMember $300/$345 day of

9:45-11:00am Charges Have Been Filed: Legal Practice and Adjudication Issues

Passport $0

Magistrate Todd Calaway, Montgomery County Juvenile Court; Magistrate Gerald Parker, Traffic Docket, Montgomery County Juvenile Court; Mellissa Duke-Jones Esq., Assistant Montgomery County Public Defender; Julie Bruns Esq., Assistant Prosecuting Attorney

11:00-11:15am Break

Printed Materials $30 *Order by September 17th *Materials will be available in digital format free of charge.

11:15-12:30pm Post-Adjudication and Disposition: Probation, Sealing, Expungement of Juvenile Records Darlene Powell, Director, Montgomery County Juvenile Court Probation; Brad Baldwin Esq., Private Counsel; Brett Jung, Intervention Center

12:30-1:15pm - Lunch (on your own) 1:15–3:00pm Legal Practice in Custody Court / Working with Children Services Magistrate Kim Harshbarger, Montgomery County Juvenile Court; Jane Novick Esq., CASA; Jewell Goode/Michelle Grodner, Montgomery County Children Services; Magistrate John Kolberg, Montgomery County Juvenile Court

Register Seminar#016 www.daybar.org/cle

3:00–3:15pm Break 3:15–4:45pm Attorney Billing; Parentage and MTI Docket/Child Support Michelle Gross,Legal Dept. Administrative Secretary.; Tamara Mannix, Legal Dept. Administrative Secretary.

937.222.7902 Dayton Bar Association

109 N. Main St., Ste. 600, Dayton, OH 45402

4:15 Adjourn www.daybar.org

Summer 2018 Dayton Bar Briefs


dba cle savings

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Not a DBA Member Yet? Join today and add the DBA CLE Passport to your online cart and start saving today! View Full list of Terms & Conditions Online: www.daybar.org/DBACLEPassport


Dayton Bar Briefs Summer 2018


Jennifer J. Otchy jotchy@daybar.org (937) 222.1308


DBA Oral History Project

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


s you are already aware, lawyers – unlike Venus – do not emerge fully formed from seafoam. We share with our fellow citizens, who are plunging into ancestry.com and DNA analyses, a fascination with our own identities. Regardless of chromosomes, mentors and role models – positive and negative – are essential to our development as professional practitioners of our chosen craft. With each year’s passage, some of those mentors and role models slip from life to memory or beyond. Wouldn’t it be fascinating to bring back Carl Kessler, Herb Eikenberry or Don Thomas for a fireside or barroom chat? Or to converse with countless other notable judges and lawyers who are no longer able to speak a living language? Spurred by his admiration and affection for his senior partner, Jeff Swillinger during his 2005-2006 Bar Presidency decided to implement an oral history project. The concept was to capture accounts of old cases and war stories, colorful personalities and the history of Dayton’s Bench and Bar from the lips and memories of elder members of that Bar. Videotaped interviews were the logical mechanism for pursuing the concept. To keep the format and style consistent, it was appropriate to have a small number of individuals assigned the task of conducting such interviews. A small DBA Committee was formed. Its current members are Jeff Swillinger, Merle Wilberding, Bill Wolff, Mike Newman, and the undersigned. The subject of the first interview was Jeff ’s senior partner, Bob Crew, who came to the Bar in 1936. He presented a memorable recollection of Dayton’s legal scene as it existed then. That picture has now been expanded in time and space by approximately one hundred other Dayton lawyers and judges who have placed their observations, recollections, memorable experiences and opinions on tape. Many of the interviews are unique; some are wonderfully funny; some are awe-inspiring. With financial help from the Eichelberger Foundation, the Estabrook Charitable Trust www.daybar.org

and the Dayton Legal Heritage Foundation of The Dayton Foundation, the Committee has now been able to have those interviews permanently placed in Cloud storage and WORD-searchable written transcripts. The interviews continue as our fellow members of the Dayton Bar grow into their seventies and eighties. The archive awaits a local Ken Burns with the energy, enthusiasm and skill to craft this growing collection of Dayton Bar History into books, pamphlets or programs focused on a notable trial, a notable personality, the history of a local law firm, or any other subject

a creative imagination could glean from the growing body of materials that, but for this DBA project, could easily have drifted out of memory and into oblivion. That is not a place where any of us would choose to have our own individual self-identity come to rest. Any comments or suggestions you may have will be welcomed by the Committee. E-mail them to Sally Dunker at sdunker@ daybar.org who has agreed to accentuate the positive, eliminate the negative, and edit the in-between.

Summer 2018 Dayton Bar Briefs


3. 2.


7. 1.

7. 6.

5. 6.

8. Photos from top left to bottom right: 1.) DBA President David Pierce & Wife, Lisa Pierce 2.) Harry Beyoglides 3.) Judge Erik Blaine, Wife, Sasha Blaine & Daughter 4.) Jonathan Hollingsworth 5.) Magistrate Greg Scott and Son 6.) Tyler Wright, DBA Administrative Assistant & Grandma, Susie 7.) Chris Albrektson, DBA Assistant Executive Director and Grandson(s) CJ, Gavin and Brantlee 8.) Sally Dunker, DBA Executive Director, her Sister Lynn, Guest & Dan Weiner

Now's YOUR Chance to Join the 2018-19 DBA Inn of Court! - The primary concept of the Inn of Court is to improve the skills, professionalism and legal ethics of the bench and bar - The goal of the Inn is to cultivate higher levels of excellence, professionalism, and ethical awareness among trial and appellate lawyers and judges - Inn of Court meets once a month for dinner and a CLE program - Questions about the Inn? Contact Jennifer Otchy: jotchy@daybar.org 937.222.7902

go online for full application & nomination details: www.daybar.org/InnOfCourt 18

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Summer 2018 Dayton Bar Briefs



TCAP: New Developments in Sentencing


t is no secret amongst the judges of the Montgomery County Common Pleas Court, nor amongst the public, that the Montgomery County Jail is overcrowded and underfunded. Our county Sheriff, Phil Plummer, and his office work tirelessly to make the best of this difficult situation. At the same time, the Judges work to ensure they do not exacerbate this condition. Recent changes to R.C. 2929.34 have furthered the Judges’ efforts. This statute provides that in target counties, “on or after July 1, 2018, no person sentenced by the court of common pleas . . . to a prison term that is twelve months or less for a felony of the fifth degree shall serve the term in an institution under the control of the department of rehabilitation and correction.” R.C. 2929.34(B) (3)(c). Instead, any such prison term is to be served in a jail or workhouse, a community alternative sentencing center or district community sentencing center authorized under R.C. 307.932, or a community-based correctional facility, such as our local Monday facility. R.C. 2929.34(C). This section does not apply to certain defendants, such as individuals whose fifth degree felony is


Dayton Bar Briefs Summer 2018

an offense of violence, who previously were convicted of or pled guilty to either a felony offense of violence or felony sex offense, or whose sentence is “required to be served concurrently to any other sentence imposed upon the person for a felony that is required to be served in an institution under the control of the department of rehabilitation and correction.” R.C. 2929.34(B)(3)(d). The defendants to whom the section does apply are considered to be “TCAP eligible.” “TCAP” is the acronym for Targeted Community Alternatives to Prison. Ohio Department of Rehabilitation & Correction, Targeted Community Alternatives to Prison (T-CAP), http://drc.ohio.gov/tcap/ announcement (accessed May 18, 2018). If a TCAP defendant is sentenced to a prison term and the sentencing judge elects to send the defendant to the Department of Rehabilitation & Correction (“DRC”), the County is charged a specific amount per day to house that prisoner. Montgomery County is one of the target counties for this program. Though it is not yet July 2018, each week when the Common Pleas Court Judges receive their criminal

By Hon. Michael W. Krumholtz Montgomery County Common Pleas Court

dockets, the TCAP eligible defendants are noted. With this information, the Judges have the discretion, if after weighing the required factors and if they determine that it is appropriate, to avoid sentencing such TCAP eligible defendants to a prison term. This gives the Judges the ability to avoid adding to the already overpopulated Montgomery County Jail, or in causing the county to have to pay per day for a defendant whom a Judge orders to DRC. As a practicing attorney, especially in a target county, it is now critical to be aware as to whether or not your client is a TCAP eligible defendant. This knowledge can be used to zealously advocate for you client to avoid prison incarceration. From a personal perspective, such advocacy will assist the Montgomery County Common Pleas Court Judges to continue to work toward the best interests of justice in their sentencing decisions.


Online Schools in Ohio Deliver Education in a Different Way Since February 2018, Ohio’s funding dispute with the Electronic Classroom of Tomorrow (ECOT) has thrust virtual classrooms into the spotlight. As the case makes its way through the highest levels of the state’s justice system, Mark Weiker, partner at Albeit Weiker, LLP in Columbus, presents readers with an overview of how online schools operate and the legal status of students who were affected by ECOT’s closing.

Online School Basics

In Ohio, an online school (a.k.a. “virtual school” or “e-school”) is a type of community school, meaning that it is a nonprofit, nonsectarian school that operates independently of any traditional school district. Online schools have existed in Ohio since 2000. These schools typically accept students from across the state because there are no district boundaries as with traditional schools. Students of online schools may attend class from a home computer or may use a local computer lab or classroom established by the online school. Like all community schools, online schools must operate under a contract with a nonprofit sponsoring entity, which could be a traditional school district, an educational service center or the Ohio Department of Education (ODE). Online schools must be approved to operate (or become “chartered”) by the Ohio Department of Education. The ODE’s criteria for approval is based largely on the proposed sponsor’s experience in education and the quality of education that the ODE determines the school’s proposed sponsor and/or operator is able to provide. If approved, an online school must continue to comply with the standards for operation adopted by the ODE. The online school must also abide by the contract with its sponsoring entity.

Operating Standards

Online schools, like other community schools, are publicly funded. They receive per-pupil foundation payments from the ODE for regular and special education students enrolled in the school. Online schools are also eligible for federal funding and private grants. Online schools do not receive real estate tax revenues like traditional school districts. Additionally, online school teachers must comply with all of the ODE’s certification and licensing requirements, although teachers may teach outside of their areas of certification. Most online school administrators, however, do not have to be licensed. Students of online schools must also take all state-required tests, including diagnostic assessments, proficiency tests, the Ohio Achievement Assessment (OAA), or they may follow one of the alternative graduation pathways available through the ODE. Ohio law allows children of community schools (including online schools) to participate in extracurricular activities offered by the public school they are entitled to attend (usually the school district where the child resides). The law only applies to programs not offered by the community school and are not included as part of a graded course. Participating children must meet the same nonacademic requirements (e.g., tryouts) and any financial requirements (e.g., payment of fees) as other participating children. www.daybar.org

Online Schooling is not Home Schooling

Although online school students may actually do the majority or even all of their school work at home, they are not considered to be “home schooled.” Rather, home schooled students are students excused from attending their traditional school district so they can receive instruction from a parent or guardian. To be approved for home instruction, the parent or guardian directing the home education must provide certain assurances to the superintendent of the traditional school district about his or her ability to teach effectively. The parent or guardian must teach certain core subjects, including but not limited to history, government, language, reading, writing, mathematics, science, health, physical education and the fine arts. Each home-schooled student must also be provided a minimum number of hours of education each school year. Once approved for home schooling by the superintendent, the parent or guardian selects the educational materials and takes responsibility for educating the student. One important difference between online schooling and home schooling is that students who graduate from online schools receive diplomas that are recognized by the State Board of Education while homeschooled students do not. This is not to say that home schooled students cannot receive credit for their previous education or continue to college. Colleges, universities and employers have discretion in deciding whether to accept credits or credentials issued by a home-schooled student.

Students and the Law

The roughly 12,000 students enrolled in ECOT at the time of its closing are still compelled to enroll in school, unless they meet exceptions for being homeschooled. Most ECOT students should have already been absorbed into traditional public schools, brick-and-mortar community schools or other online schools of their choosing. Students have the legal right to receive their education records from a school that they are leaving. In the case of ECOT or any school that a student is transferring from, a student should be able to receive their files which include grades, courses they’ve taken, special education records and any disciplinary records. Many choices about schooling, whether it be traditional public schools or online schools, are made by parents. But it can be helpful to consult an education attorney if there are issues with funding, disability considerations, or if there are questions about the reputation or performance of an online school or its sponsor. This “Law You Can Use” column was provided by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. This article is not intended to be legal advice. Before applying this information to a specific legal problem, readers are urged to seek advice from a licensed attorney. Summer 2018 Dayton Bar Briefs


For the



ayton Bar Association member lawyers are a vital part of the Dayton community. In addition to serving in significant leadership roles in the furtherance of the legal profession and preventing and solving problems for their clients on a daily basis, DBA member attorneys are active participants in the vibrant and developing Dayton community. Each does it in their own way, harnessing their unique interests and talents to be at the forefront of positive, measurable change. They promote the welfare of others in the community for the sole purpose of furthering the public good. In short, our member lawyers are community partners and are committed to making a difference in the communities where they live, work, and play. This new column celebrates the new, the fun, the surprising, the remarkable, and simply put, the outstanding things our members are doing in the community, and it celebrates those attorneys whose philanthropic activity positively impacts the welfare of others. We could think of no better way to kick off this new column than to highlight Jeff Ireland and his involvement in bringing the Levitt Pavilion, opening this August, to Dayton. In his own words, Jeff shares exciting news about the development of the Levitt Pavilion, his involvement in the process, and what the community can expect in the months and years ahead. We hope you are encouraged and motivated by Jeff ’s story, and hope to see you at the LP in August!

What is the Levitt Pavilion and how did you become involved in bringing it to Dayton? Which communities have successful Levitt Pavilions?

Levitt Pavilions provide free music in a family–friendly environment – 50 free concerts each summer. The Mortimer & Mimi Levitt Foundation sponsors the family of Pavilions and helps provide funding. They are built in underutilized urban spaces. The objec22

Dayton Bar Briefs Summer 2018

Faruki Ireland Cox Rhinehart & Dusing PLL

tive is to provide a place where all people, regardless of age, gender, or ethnicity are welcome to enjoy music. Economic revitalization has been a proven benefit of the other Pavilions in Westport, CT; Los Angeles; Arlington, Texas; Denver; Bethlehem, Pennsylvania; and Memphis. There are plans for future Pavilions in Ft. Lauderdale, Houston, Sioux Falls and San Jose. Others were involved in bringing the Levitt opportunity to Dayton, my role has been in leading the fundraising effort.

Lawyers often have no shortage of options when it comes to community involvement. How did you decide that this project in particular was worth your time and effort?

I have been involved in cities for a long time, serving as Mayor of Oakwood for ten years and always working closely with various Dayton leaders. I also was involved in fundraising for the Kroc Center and the Salvation Army. The idea of helping to raise money for a musical venue that provides free music to all people and assists in economic revitalization was appealing. Mayor Whaley and the City Commission's willingness to contribute $1 million to jumpstart the project showed the City was behind the project.

How do you expect the Dayton community to embrace the Levitt Pavilion?

We hope it is seen as a regional asset, and it attracts people from throughout Dayton as well as the entire area to visit, enjoy the music, and experience downtown Dayton.


What has been the biggest challenge in bringing Levitt Pavilion to Dayton? How did you address this challenge?

We needed to raise $5 million for construction in order for the National Levitt Foundation to authorize us to move forward. Fundraising is always hard work, but the community responded. Another concern was that the Levitt Pavilion will provide "too much music," especially with other musical venues like the Rose and the Fraze. Whenever we met with potential donors, we explained that free music is different from a venue where people may pay for a ticket and the Levitt project is much bigger than merely a music venue. Dayton has a great musical heritage -- it is hard to believe we could have too many venues.

What kinds of acts typically perform in Levitt Pavilion shows?

Expect to see a wide variety of musical acts including hip hop, jazz, rock and roll, rhythm and blues and others. There will be a family series on Sunday afternoons. With the exception of Paul Thorn and the Blind Boys of Alabama, a band on the Levitt Foundation national tour, most of the acts will be young artists on the rise, including some regional and local acts. David Greer's band will be performing on August 30th. More than twenty Grammy winners started on Levitt stages. Many of these artists will be extremely talented, but you have not yet heard of them. continued on page 23


FOR THE GOOD: D. JEFF IRELAND ESQ. continued from page 22

DBA Wills for Heroes Saturday, August 25th 10:00-1:30pm Moraine Government Center 4200 Dryden Rd. Moraine, Ohio 45439

What goals do you have for the Levitt Pavilion's first year in Dayton? What would make for a successful year?

We want to make a strong first impression – getting people to experience the Levitt Pavilion, attracting them to downtown Dayton and creating a buzz that we can build on going forward. People bring blankets or chairs, plus food and drinks including alcohol and spend an hour and a half listening to music. We will have food trucks and other vendors. The Levitt experience starts with free music, but we hope it becomes an important gathering space.

What do you envision for the future of Levitt Pavilion – five years from now, ten years?

We hope the Levitt Pavilion is a fixture in our community for quality music and a place for all people to gather and enjoy being with each other. Levitt's success should tie together a lot of the development in the southern part of the urban core. The Arcade, Sinclair and the Convention Center are all part of that area. The Levitt should catalyze investments in more restaurants, beer pubs and housing, as well as provide an endpoint to the redevelopment of Brown Street starting with the University of Dayton.

Which act are you most looking forward to seeing in this year's lineup?

On Friday, August 31st, our firm is sponsoring MojoFlo, an urban funk band that is very popular at Ohio State University and in Columbus. Paul Thorn and the Blind Boys of Alabama, is a Grammy–winning band and they are performing on Saturday, August 11th as part of our opening weekend. The entire line-up is available online at LevittPavilionDayton.com.


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

Jeff and Ellen Ireland Award Recipients


dvocates for Basic Legal Equality, Inc. would like to announce that Jeff and Ellen Ireland have been selected as recipients of the 2018 Outstanding Volunteer Fundraisers Award that will be presented by the Association of Fundraising Professionals, Greater Dayton Region. Please mark your calendar to attend the National Philanthropy Day Luncheon where they will be honored on Thursday, November 15, at Sinclair Community College’s Conference Center. The Irelands certainly are deserving of this honor!


By Nadia A. Klarr Esq. Chair: DBA Editorial Board Taft Stettinius & Hollister LLP www.daybar.org

*If there is as attorney, judge or legal professional you wish to see featured in "For the Good", please submit your nomination to: DBA Communications Manager, Shayla M. Eggleton: publications@daybar.org. All entries submitted for publication consideration are at the discretion of the DBA Editorial Board. Summer 2018 Dayton Bar Briefs



Donald Schweller Celebrates Years at PS&E!

60 B

orn in 1930, Don is a Dayton native, having attended Chaminade High School and the University of Dayton, graduating with a B.A. in 1952. His law school at the University of Cincinnati was interrupted for two years while he served as an officer in the Quartermaster Corps partly in Korea (1953-55). After completing his J.D. at the University of Cincinnati in 1957, Don attended New York University where he obtained an LLM in taxation in 1958. Upon graduation, Don started with Pickrel, Schaeffer and Ebeling. He quickly became known for his analytical mind in all matters, especially probate and tax issues. He served as president of the firm 1992 – 1995. Through the years, he has been active in the Dayton and Ohio State Bar Probate sections and committees. He was president of St. Albert the Great Catholic Church Council, president of the Dayton Bicycle Club (founded in 1884) and member of the Lawyers

Club. Don has also been named an Ohio Super Lawyer in Probate and Estate Planning every year since 2005. Throughout his life, Don has had an avid interest in antiques, fine wine and art. In fact, Don is among one of the founders and first president of the Dayton Opera Association. When Don travels he plans his trips around museums and in his spare time he loves looking at different artwork, buying and selling on a regular basis. Most of the artwork that decorates the law firm of Pickrel, Schaeffer and Ebeling was purchased by Don as president and are most likely much more valuable than anyone at the firm realizes. Even after 60 years of practicing as an Estate Planning and Probate attorney at Pickrel, Schaeffer and Ebeling, Don still comes into the office daily and meets with clients and their families on a regular basis. He takes care of himself by playing tennis

and working out several times per week. He attributes his success to “being around really good people”. Ask Mr. Schweller any historical question about Pickrel, Schaeffer and Ebeling or Dayton, and he most likely will know the answer - his mind is as sharp as a tack. A quote from Alan Schaeffer of Pickrel, Schaeffer and Ebeling about Mr. Don Schweller that describes him and his personality. “I remember as a kid, 13 or 14 years old borrowing a whole 25 cents from Don for money that may or may not have been paid back. This situation has led to many years of jocularity between the two of us and in fact continues to this day. Don is one fine gentleman!!” Congratulations to Mr. Donald Schweller of Pickrel, Schaeffer and Ebeling. We are honored and privileged to have him as an integral part of the law firm of PS&E for 60 years! More information can be found online at pselaw.com.

Jan Burden Marketing Director Pickrel, Schaeffer & Ebeling, Co. LPA (937) 641-2229 jburden@pselaw.com 24

Dayton Bar Briefs Summer 2018


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Summer 2018 Dayton Bar Briefs


2018-19 Important DBA Save the Dates DBA YLD and Dayton Young CPAs presents: Dayton Young Professionals Happy Hour Thursday, August 9, 2018 @ 5:30pm Bar 145 Austin Landing Wills for Heroes Saturday, August 25, 2018 @ 10:00am Moraine Government Center 4200 Dryden Rd., Moraine, Ohio 45439 The Chancery Club Luncheon The Old Courthouse @ 12:00pm Friday, September 7, 2018 Friday, October 5, 2018 Friday, November 2, 2018 Friday, February 1, 2019 Friday, March 1, 2019 *Thursday, April 4, 2019 Friday, May 10, 2019

50 Year Honoree Luncheon Wednesday, October 10, 2018 @ Doors 11:30am Sinclair Community College, Bldg 12 2018 Bench Bar Conference Friday, November 9, 2018 @ TIME TBA Sinclair Community College, Bldg 12 2018 Holiday Luncheon Friday, December 14, 2018 @ Doors 11:30am Sinclair Community College, Bldg 12 2019 Diversity Day Friday, April 5, 2019 @ TIME TBA Sinclair Community College, Bldg 12 Celebration of Life Memorial Luncheon Wednesday, May 15, 2019 @ Doors 11:30am Sinclair Community College, Bldg 12

First Monday in October Celebration Monday, October 1, 2018 11:15am Lunch; 12:00pm Program UD Law School Mathias Heck Courtroom Speaker: Justice Pat Fischer

be sure to follow us! @Dayton_Bar 26

Dayton Bar Briefs Summer 2018



DAYTON Bar Association



The Dayton Bar Association Foundation was created as a non-profit, 501(c) (3) charitable organization on July 16, 1984. Through the Foundation, the more than 1,400 DBA members join together to support a wide variety of good works and charitable activities on behalf of the greater Dayton legal community. The Foundation is supported solely by Members and Friends of the Foundation. In support of the Foundation’s mission, the Board of Trustees look for opportunities to promote the legal profession, to increase access to justice and do good works in our community in the name of the DBA. This is accomplished through the award of grants to worthy organizations and law-related projects.

The Class of 2018 DBA Foundation Fellows

2018 Annual Meeting: Judge Blaine, Mag. Cumming, Attorney Mancz

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

Amy R. Blair Esq. Hon. Erik R. Blaine Mag. John A. Cumming Wayne H. Dawson Esq. Barry W. Mancz Esq. Brian A. Sommers Esq.

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

Kennedy Legler Gary J. Leppla Dennis A. Lieberman Hon. James F. Long L. Anthony Lush Jane M. Lynch Michelle M. Maciorowski Dianne F. Marx Craig T. Matthews Hon. Alice O. McCollum Hon. Frances E. McGee Jeffrey R. McQuiston Hon. John Meagher Alan F. Meckstroth Hon. Michael R. Merz David P. Mesaros Mag. Arvin S. Miller III Michael B. Miller Hon. Robert L. Moore Hon. Michael J. Newman Bruce I. Nicholson Victoria L. Nilles Thomas R. Noland Hon. Timothy N. O’Connell Hon. Thomas M. O’Diam Stephen O’Keefe Alvarene N. Owens Richard P. Perna Hon. John S. Pickrel John D. Poley Hon. Connie S. Price Lynn M. Reynolds Walter Reynolds Mag. Bonnie Beaman Rice Hon. Walter H. Rice H. Pete Rife Hon. Adele M. Riley Jon Paul Rion Paul B. Roderer, Sr.

William A. Rogers, Jr. Marshall D. Ruchman John M. Ruffolo Marybeth W. Rutledge Beth W. Schaeffer Gary C. Schaengold Jon M. Sebaly Todd D. Severt Edward L. Shank Carl D. Sherrets Charles D. Shook Hon. Gregory F. Singer Richard S. Skelton Ralph A. Skilken, Jr. Charles W. Slicer, Sr. Jeffrey D. Slyman Edward M. Smith Mary K.C. Soter Paul H. Spaeth Andrew C. Storar Nicholas E. Subashi Hon. David G. Sunderland Robert J. Surdyk Jeffrey A. Swillinger Bridget A. Tracy Louis E. Tracy Hon. Michael L. Tucker H. Charles Wagner Christopher A. Walker Hugh E. Wall, III Brian D. Weaver Gary J. Weston Thomas P. Whelley, ll Brian L. Wildermuth Merle F. Willberding David P. Williamson Hon. William H. Wolff, Jr. Patricia A. Zimmer Summer 2018 Dayton Bar Briefs


law-related organizations Dayton Bar Association Foundation

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

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

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

University of Dayton School of Law


Dayton Bar Briefs Summer 2018


Greater Dayton Volunteer Lawyers Project

Sometimes Someone Just Needs a Clean Slate – How Can You Help? By Christina Clark, Paralegal Greater Dayton Volunteer Lawyers Project


ave you ever found yourself in a deep hole that you thought you would never dig out of? Perhaps it is due to a difficult relationship, employment problems, housing issues, or financial trouble. Sometimes these issues are brought on by our own choices whether made intelligently, or credulously. Regardless of how we got to where we are now, we all deserve a second chance — or at least a chance to wipe the slate clean and start over. Of course, that is not exactly achievable is all aspects of life; however, when it comes to finances for those living below the Federal poverty guidelines, the Greater Dayton Volunteer Lawyers Project (GDVLP) can help. GDVLP serves clients from all different walks of life. We do our best to take a holistic approach to everyone that comes through our doors. For example, a client may come to our office because they need a divorce. After the divorce, it may be found that this client needs to address their debt as well to get a fresh start in life. They might need to clear the decks and file bankruptcy, or they could just need help with one particular debt.

Debt Clinics Three years ago, the GDVLP started Debt Collection Defense Clinics in order to assist low-income individuals facing lawsuits from debt collectors, payday lenders, and others. When clinics first began, GDVLP held these clinics quarterly as it ramped up volunteers and other resources to make this initiative successful. In 2018, we plan to hold 10 clinics. We need more volunteer power to reach this goal. Volunteering is easy as we provide the training you need. You can watch a video from the comfort of your own home or office. All documents clients need are drafted in pro se form for them to file with the court. There is no expectation to take cases one-on-one, but you most certainly can take a case that interests you, if you desire. Clinics only take about two hours of your time but can have a lifetime impact on the individual you serve.

Here’s How YOU Can Help:

If you are interested in serving the low-income community by participating in a debt clinic or taking a batch of bankruptcies, please contact me at 937-461-3857 or at Christina@gdvlp.org. In addition to being able to provide a much needed service to those who could not otherwise obtain legal assistance, you can also earn CLE credit for the pro bono hours you provide.

Bankruptcy Sometimes, the best solution for eliminating debt is to file bankruptcy. This can be a very intimidating process for those who cannot afford an attorney. At the GDVLP we provide attorneys for Chapter 7 bankruptcies. We assign clients in batches of three or four to one attorney. To make this as simple as possible for the volunteer attorney, GDVLP staff gathers all documents needed from the client to complete the bankruptcy. We also complete and file the petition, with your approval. Clients can get their credit counseling and financial education classes free of charge through Consumer Credit Counseling. As one amazing volunteer attorney put it, “Filing bankruptcy for clients is great. They always feel good afterwards and a huge burden is lifted.”

*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). GDVLP will send your hours to the Ohio Supreme Court and notify you of the same. 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 #:__________________________________


Summer 2018 Dayton Bar Briefs


DAYTON Bar Association

members on the move

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 online: https://www.daybar.org/MembersOnTheMove and are subject to editing. Also, please send a current, high-resolution, directory-style photo to accompany your announcement. These accouncements are printed as space is available. If you have questions, contact DBA Communications Manager, Shayla M. Eggleton: publications@daybar.org.

Julius L. Carter has been names “Top Rated Employment & Labor Attorney in Dayton, OH” and has been selected to Super Lawyers Rising Stars. Julius has been in practice since 2008. CARTER






Dale E. Creech Jr., Chief Legal Officer of Premier Health, retired on June 29, 2018, after 40 years of practicing law. “I wish to thank the Bar Association, its Board of Trustees and all of my friends and colleagues on the Bench and Bar for a wonderful association. Practicing law in Dayton - the town in which I was born and raised - has truly been an honor, privilege and a pleasure, both personally and professionally! My wife, Carolyn, and I will be moving to North Carolina shortly after my retirement”. If you would like to get in contact with Dale, he can be reached at 937-239-2658 or decreech@icloud.com. The American Institute of Criminal Law Attorneys has selected Faruki Ireland Cox Rhinehart & Dusing PLL (Faruki+) partner Benjamin Dusing to be named as one of the “10 Best Attorneys” in Ohio for client satisfaction in the practice area of criminal law. Benjamin is best known as a high-profile white collar criminal defense lawyer with a track record of recognized success. Dusing is heavily involved in the community, serving on the board of directors for several nonprofit organizations and foundations. The DBA is pleased to announce, Shayla M. Eggleton, DBA Communications and Design Manager has been selected by City of Dayton Mayor Nan Whaley, as a co-hort for the 2018 Women's Leadership Collaborative of Greater Dayton. This program gives female leaders across the region, the opportunity to strengthen their leadership skills and promote healthy and prosperous communities through helping more women gain positions of influence within government, business, and education. Shayla is a graduate of The Ohio State University and has her Bachelor’s Degree in Science. The Business Journals has selected Faruki Ireland Cox Rhinehart & Dusing PLL (Faruki+) Managing Partner Jeff Ireland to be included in its national “The Influencers: Law” list. This list highlights 100 attorneys who are having a significant impact on the business and legal matters in communities throughout the country. Ireland is one of only three attorneys from the Dayton region selected. Each attorney, from small-to-large firms, has been continuously featured in The Business Journals’ local publication in their city - and are making a big impact on legal matters in their area.

Faruki Ireland Cox Rhinehart & Dusing PLL (Faruki+) is pleased to welcome Callum Morris to the firm, practicing in the Dayton office. Morris will represent clients facing a variety of complex issues, including breach of contract, business and commercial litigation and business torts. MORRIS






Dayton Bar Briefs Summer 2018

The Dayton Business Journal has selected Faruki Ireland Cox Rhinehart & Dusing PLL (Faruki+) attorney Michael Mayer to be named as a Forty Under 40 winner. Michael counsels a diverse range of companies and litigates a variety of business and commercial cases. He also serves on the Board of Directors of Brigid’s Path, a local nonprofit organization that provides inpatient medical care for drug-exposed newborns, non-judgmental support and educational services for mothers.

Benchmark Litigation has once again selected Faruki Ireland Cox Rhinehart & Dusing PLL (Faruki+) partner Erin Rhinehart as a leading litigation attorney age forty years or younger in its annual “40 & Under Hot List”. The “40 & Under Hot List” recognizes the achievements of the nation’s most accomplished legal partners age forty and under who had a hand in some of their firm’s most noteworthy cases. Kirkland & Sommers Co., LPA is proud to announce that attorney Brian A. Sommers was accepted as a fellow of the American Academy of Matrimonial Lawyers (AAML). The Academy of Matrimonial Lawyers was founded in 1962, to promote professionalism and excellence in the practice of family law. There are currently only 1,650 fellows in the American Academy of Matrimonial Lawyers in 50 states. Pickrel, Schaeffer & Ebeling Co., LPA, is proud to announce that Katie Wahl has recently joined the firm. Katie’s practice focuses on business and corporate law, as well as estate planning, probate (including estate administration and guardianships) and Medicaid planning. As a corporate and business lawyer, Katie has experience in forming new entities and assisting clients with the sale or purchase of a business. Katie also has extensive experience in working with non-profit entities. Attorney Jeremy Tomb and Attorney Benjamin Eberly are pleased to welcome Wayne Waite as partner. The new partnership will go forward as Waite, Tomb & Eberly, LLP. Attorney Steve Klein will remain with the firm. Attorney Waite has been practicing for 35 years, in the areas of business litigation, professional liability and


classifieds employment matters. He is licensed to practice in all Ohio state courts, including federal courts in the Southern District of Ohio, the federal Sixth Circuit Court of Appeals and the US Supreme Court. Wayne also serves as President of Shoulder to Shoulder, Inc., a charitable organization providing medical, education and nutrition services in Honduras. Casper & Casper will be opening a brand new Downtown Hamilton Office located in the First Floor Lobby Suite at 2 South Third Street, just a few feet away from the Butler County Government Services Building. Daniel Allnutt will be making this his primary office and we are excited to grow as a firm so that we can better serve our clients and the community.

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

LOCAL COURT RULES Dayton Municipal Court has proposed changes to the Local Court Rules. Please visit the Dayton Municipal Court at http://www.daytonmunicipalcourt. org/ for notice of and an opportunity to view and comment on proposed local court rules.






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




The law firm of Coolidge Wall Co., L.P.A. is pleased to announce that the following attorneys have recently joined the firm: Matthew T. Crawford – Labor and Employment Javan A. Kline – Estate Planning and Tax Thomas W. Langevin – Estate Planning and Tax Tino Monaldo - Corporate and Business R. Michael Osborn – Estate Planning and Tax Zachary B. White - Litigation Jeffrey A. Winwood - Tax and Estate Planning As the broader legal industry makes only marginal gains in female attorney representation, Dinsmore has ranked among the best firms in the nation for women at all levels of practice. In Law360’s 2018 Glass Ceiling Report, Dinsmore places sixth among similarly sized firms for its percentage of female associates and partners. Law360 reports the 62 firms recognized “are outpacing their peers – breaking down barriers and forging a path to a more diverse working environment.”



Montgomery County Prosecuting Attorney Mat Heck, Jr. announced that Mr. Nathaniel Peterson and Ms. Victoria Nilles, have both been appointed to the position of Assistant Montgomery County Prosecuting Attorney. Nathaniel will be assigned to the Civil Division of the Prosecutor’s Office. The Civil Division is the legal advisor to all county boards, county agencies, county elected officials, and township trustees, boards, and commissions. Victoria is assigned to the Intake/Grand Jury Section of the Prosecutor’s Office. The Intake/Grand Jury Section 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. www.daybar.org

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

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

SEEKING CIVIL LITIGATION & BUSINESS LAW ATTORNEY Green & Green, Lawyers, an AV-rated regional firm with offices in Dayton’s premier Performance Place, is accepting applications from well-credentialed attorneys with two to five years’ experience in civil litigation and business law. Applicants with expertise in torts, municipal liability, employment, construction, business transactions, and commercial law preferred. Strong academic credentials, research and analytical ability, and excellent oral and written communication skills required. We offer a supportive work environment, competitive compensation, parking, and participation in health, retirement, and disability plans. Please forward c.v., writing samples, references, and compensation expectations to GREEN & GREEN, Lawyers, 109 N. Main St., Suite 800, Dayton, OH 45402. Summer 2018 Dayton Bar Briefs


Dayton Bar Association

109 N. Main St. Suite 600 Dayton, OH 45402–1129



Profile for Dayton Bar Association

Summer 2018 Dayton Bar Briefs  

Summer 2018 Dayton Bar Briefs