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The Magazine of the Dayton Bar Association | SUMMER 2019 | Vol. 68, No. 10


Bar Briefs n o t y a D t rong S

Barrister of the Month William "Bud" Seall pg 6

For the Good Kermit F. Lowery pg 10

DBA Rising Star Melissa M. Koppenhoefer pg 16



Bar Briefs

Summer 2019 | Vol. 68, No. 10

Dayton Bar Association Board of Trustees


2018 – 2019

David P. Pierce President

Hon. Mary L. Wiseman First Vice President

Fredric L. Young

Cara W. Powers Secretary


Caroline H. Gentry Member–at–Large


Adam R. Webber

Library of Congress ISSN #0415–0945


Defeating Devastation & Disaster

By Montgomery County Recorder Brandon C. McClain

Grandparents Visitation Rights in Ohio

By Sarita L. Simon #DAYTONSTRONG

By The Honorable Michael W. Krumholtz

Immediate Past President

Paid subscription: $30 / year




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.

By David C. Greer


Denise L. Platfoot Lacey

Executive Director




Jennifer Otchy, ex officio

By Christina M. Spencer

Cassandra L. Andres Rice

Bar Counsel


Brandon C. McClain

John M. Ruffolo, ex officio



Second Vice President

Brian L. Wildermuth



What Happens When You Contact OLAP?

By Scott R. Mote, OLAP Executive Director

Departments 18 2019-20 SECTION CHAIRSS & MEETING DATES 21 CONTINUING LEGAL EDUCATION 27 CLASSIFIEDS Upcoming Events 23 FIRST MONDAY IN OCTOBER CELEBRATION Wed. October 21st | University of Dayton School of Law

Guest Speaker: The Honorable Jane Kelly, Eighth Circuit Court of Appeals

Jennifer Otchy, Executive Director Shayla M. Eggleton, Communications Manager Phone: 937.222.7902 Fax: 937.222.1308


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

29 2019-20 DBA SAVE THE DATES Visit www.daybar.org to register early for these special events!

Dayton Bar Briefs Summer 2019


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

Platinum Partners 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.


www.ficlaw.com With offices in Cincinnati & Dayton

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

Gold Partner Thompson Hine LLP www.thompsonhine.com

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.

If you are interested in becoming a DBA Annual Parter, contact: Jennifer Otchy DBA Executive Director jotchy@daybar.org 937.222.7902 www.daybar.org

Summer 2019 Dayton Bar Briefs


2019-20 Board of Trustees

Hon. Mary L. Wiseman


Caroline H. Gentry

Merle F.

First-Vice President

Second-Vice President


Phone: 224-3333 flyoung@green-law.com

Phone: 449-5772 wilberding@coollaw.com

Phone: 449-6748 cgentry@porterwright.com

Brandon C. McClain

Becky Gentry

Anne P. Keeton

Denise L. Platfoot Lacey

Phone: 222-2424 akeeton@ffalaw.com

Phone: 229-4634 Dlacey1@udayton.edu


Phone: 225-4384


Phone: 228-4275 McClainB@mcohio.org

Adam R. Webber


Phone: 264-8710 Awebber@elliottfaulknerlaw.com 4

Fredric L. Young

Dayton Bar Briefs Summer 2019



David P. Pierce

John M. Ruffolo

Phone: 395-2100 Becky.Gentry@wilmerhale.com

Immediate Past President Phone: 449-5543 pierce@coollaw.com

Bar Counsel ex officio

Phone: 434-3556 ruffololawdayton@aol.com





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


Have You Renewed Your DBA Membership?

DBA Member Benefits


uly 1st is the start of the new 2019-20 DBA fiscal year. Dues Renewal season has come to an end. There is a small window of time for you to renew your membership. Give us a call today if you have moved offices, or did not recieved your Dues notice. DBA Board of Trustees and Staff are consistently diligently working to make sure your membership brings value to you and your practice now and throughout the year. Under the leadership of 2019-20 DBA President The Honorable Mary L. Wiseman, don't miss a moment of the value of DBA membership and the exciting year ahead filled with special themes and programming each month!

Section Leadership

The DBA has over 20 sections, interest groups and divisions, all dedicated to promoting excellence, networking and collegiality in the profession. Be it through participation in the Young Lawyers Division, Domestic Relations or Civil Trial Practice sections. We encourage you to get involved and join the conversation. View full list of DBA sections and sign up online, just in time for the 2019-20 DBA Section Meeting & Event Season that kicks off next month, in September. Join today and become an organizer or speaker of upcoming meetings and events.

The DBA hosts over 50 events throughout the year, all geared towards engaging our members to become active in local community volunteer projects, become a mentor, find a mentor, share your knowledge and expertise, attend DBA CLE seminars, present a DBA CLE seminar, attend free luncheons – the list goes on. In the upcoming Bar year, we intend to kick things up a notch in efforts to really make DBA events ones you can’t miss!

So Renew Today, Before Its Too Late!

Don’t miss out on many wonderful opportunities to enhance your legal career. As a member, we look forward to hearing your ideas on areas of improvement, that we may better serve you in the future. Stop by the office or drop us a line, 937-222-7902 or dba@daybar.org.

renew/join the dba


Chris Albrektson DBA Member Services 937.222.7902 calbrektson@daybar.org

Chancery Club Luncheons

Members Luncheon Held Monthly at the Old Courthouse

CLE Passport

Sales End Entirely September 30th Unlimited $595 12-Hour $295

Continuing Legal Education Annual Savings

Facility Rental

Quick Home Base/Office Space in Downtown Dayton


Special Events, Networking

Visit www.daybar.org to join or renew through our online application

C.E.O. Program

Partnership with the Victoria Theatre providing discount tickets to great shows.

Mail Application: Dayton Bar Association 109 N. Main St. Suite 600 Dayton, OH 45402

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Build Your Client Base + Grow Your Practice Let Us Help Connect You to Potential Clients

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Dayton Bar Briefs Magazine (monthly) Pictorial Legal Directory (annual) All Delivered straight to your mailbox, Printed & Online versions accessible 24-7 *New!


Network with your Colleagues Over 20 to Choose From Summer 2019 Dayton Bar Briefs


Barrister of the Month

William "Bud" Seall II

nherent in the practice of law is the tradition of service to others. William (Bud) Seall is an attorney at Coolidge Wall Co., L.P.A., where his practice is concentrated in general corporate matters and commercial real estate. For Bud, service to clients is the hallmark of his practice. Bud was born in South Bend, Indiana in 1943. In 1965, he graduated from St. Mary’s University in Winona, Minnesota with a Bachelor’s degree in Economics. Bud’s tenure at St. Mary’s was marked with success, both professionally and personally. While in college, Bud met his beloved bride, Betty. “Marrying her was the best decision I made in my life,” he said. And, his academic achievements at St. Mary’s provided the foundation for his eventual practice of law. Bud was the recipient of a Weymouth Kirkland Foundation scholarship (1 of 6 awarded nationally each year by the Chicago-based organization) which enabled him to attend any law school of his choice. Given Bud’s love of the Midwest and commitment to academic rigor, he eagerly chose his dream school and attended Notre Dame Law School, where he became a member of law review and experienced continued academic success. (Most importantly, he married Betty prior to his third year of law school.) After earning his juris doctorate from Notre Dame in 1968, and after receiving several job offers from large firms in several Midwestern cities, Bud chose to make Dayton his home. “I wanted to stay in the Midwest. I could have worked for one of the BigLaw firms in Chicago, but I really liked Dayton.” At the time, Dayton was featured in a major national magazine as the winner of the National Most Beautiful City designation for mid-sized cities in the US. After interviewing with the Coolidge firm


Dayton Bar Briefs Summer 2019

and touring Dayton, his decision was easy. Bud began practicing at Coolidge in 1968, where he immediately began building his corporate practice and developing a tradition of service to others. As a newly minted attorney, Bud’s first exposure to what ultimately became the foundation of his corporate practice was an assignment from a senior partner to draft a registration statement for a large, publiclytraded national corporate client. “My first thought was, ‘what’s a registration statement?’” he said. “I didn’t have the benefit of taking federal securities courses during law school, so I had to engage in intense self-study to bring myself up to speed.” Bud gained an immediate appreciation of the fact that serving his clients meant rigorous preparation. After Bud finished drafting the registration statement, he was tasked with traveling to New York to meet with other attorneys, underwriters, and brokers and instructed to “stay there until the deal was done.” And so, in 1969, during his first year practicing law, Bud walked into a room of 20 people, not knowing the attorneys apart from the underwriters, the underwriters from the brokers, or the brokers from the clients, and, indeed, stayed there until the deal was done. Bud is grateful for beginning his career with federal securities work. “I was pushed into the deep end of the pool and learned how to swim,” he reflected fondly. Service, both to his clients and the law partners with whom he worked, became the staple of Bud’s practice, and for Bud, the most rewarding part of his job. Bud’s initial work in federal securities has evolved over the past 50 years to become a corporate practice which included mergers, acquisitions, securities offerings, financings and other corporate and business transactions for a large number of both private and public

companies. In addition, Bud handled licensing and structuring of joint ventures and other business alliance relationships, as well as many commercial real estate transactions involving office buildings, shopping centers and other commercial properties. Bud is exclusively a transactional attorney and has never argued in a case in a courtroom setting. Instead, he finds immense satisfaction in the challenges of negotiating transactions and knowing he has helped to accomplish many significant developments benefitting the greater Dayton community. “I take deep pride and find personal satisfaction in seeing companies I’ve worked with grow, prosper and enhance the lives and economic opportunities in Dayton,” he said. Bud continued to grow his corporate practice at the Coolidge firm until 1985, when he took a sojourn into several private businesses that eventually included an opportunity to serve as In-House General Counsel for RG Properties, a regional commercial real estate developer headquartered in Dayton, Ohio. After a successful tenure with RG Properties, Bud rejoined Coolidge in 2009, where he continues to practice today. Bud thoroughly enjoys the many friendships (new and old) with his many colleagues at Coolidge that are too numerous to name. It is these special relationships and the variety of new challenges/opportunities at the firm that keep Bud continuing to practice well beyond normal retirement age. Over the course of his career, Bud’s service to, and relationship with, clients has opened doors to additional opportunities, including his 18-year stint on the Board of Directors for Reynolds and Reynolds. Over his career, he also worked closely with the Boards and Officers of other local public

continued on page 7



companies, including Ponderosa, Huffy and Phillips Industries. Indeed, many of Bud’s relationships with clients have blossomed into bona fide friendships. Bud recalls a particularly humorous incident involving a client who has become a close friend: “A client – the CEO of our largest corporate client – called me while I was on vacation and told me he needed my immediate help,” he said. “The client and his wife were going to make an offer on a particular home, but were informed that another couple were preparing to make an offer when they returned home from a vacation, so they wanted me to assist them in preempting the other couple’s offer. At that time, my wife and I had been looking at buying another home, too, in the same area. As we got into the details of the residence at issue, I suddenly realized that my wife and I were the other couple putting an offer on that same home!” Upon this realization, and after much laughter with the client, Bud opted out of making an offer on the house. “The customer is always right,” he said. “My client and close friend wanted the house, and so he should have first choice.”


Whether it’s performing legal work for a client, or giving a friend the opportunity to buy the house he, himself, wanted, service is a core element of Bud’s character. In 2018, Bud celebrated his 50th anniversary with the Dayton Bar Association. Bud’s fondness of Dayton is palpable. Bud has been involved as a leader in various organizations throughout Dayton, including serving as a board member for the Dayton Opera and Dayton Art Institute. He was also a board member and Chairman of the Board for St. Elizabeth Hospital. Additionally, Bud has given back to the Dayton community through his past involvement with United Way. “Dayton a great place to raise a family,” he said. Bud and his wife Betty have four adult children (William, Beth, Bob, and Bridget) and eight grandchildren. In his spare time, Bud enjoys bicycling, sketching and attending Pilates class with Betty twice a week. “I used to run,” he laughed. “In fact, I would recruit attorneys at the firm to run with me along the river at lunch time. It started to get to the point that people would avoid me

when the lunch hour approached because they knew I would endeavor to induce them to run with me.” With more than 50 years of practice, Bud continues to enjoy a successful corporate and commercial real estate practice at Coolidge. He has a deep appreciation for the attorneys at his firm and is grateful for the friendships he has developed from his earliest years at the firm as well as the relationships with the younger lawyers he currently works with. Unsurprisingly, Bud takes great pride in having the continuing opportunity to provide services to clients on behalf of his beloved Coolidge Wall firm. In summary, Bud says: “I continue to thrive on the spirit and comradery at Coolidge”.

By Christina M. Spencer Chair DBA Editorial Board Hollingsworth & Washington

Summer 2019 Dayton Bar Briefs


Celebration of Life Memorial Luncheon

C. Mark Kingseed

Barry S. Galen


arold Bloom, the noted scholar and literary critic, has in his late eighties recently published a book called Possessed by Memory. It is a chronological compilation of the poems, poets and friends who have possessed him and, in turn have been possessed by him, in his almost nine decades on the planet. From the time he started his teaching career he has been well known for his prodigious memory. I can remember the gossip from those early days that he and his sister for amusement would read through the Sunday New York Times and then be able to tell you what was on whatever page number you mentioned. We each have behind our face a bowl of bone which – although not as commodious as Mr. Bloom’s comparable container – gradually fills with a multitude of memories as we grow past childhood to the inevitable end of our earthy existence. It is through those memories that the people we have loved and those with whom we have worked remain alive after they die. In a recent conversation in Judge Langer’s chambers a good friend complained of the DBA practice of e-mailing a memorial to us every time a member of the Bar passes out of existence. His complaint was that this practice does no more than remind us of our own mortality, a reminder he neither needed nor enjoyed. I offered the opposite view that the practice honors our human desire to be remembered after we vanish into that undiscovered bourne from which only Hamlet’s father returned.

Honorable Nick Kuntz Jr.

Therese “Teri” Geiger

Elizabeth E. Gorman

Michael D. Matlock

Raymond J. Dundes

For those of us possessed by memory, the DBA annually offers a Celebration of Life luncheon. This year’s event, held on May 15th, offered memories of four lawyers who, in turn, were an avid golfer, an amateur poet, and two men fascinated by and immersed in history. All four had dedicated a major part of their professional lives to public service. The Honorable Nick Kuntz, our golfer, was a large, affable, companionable man who worked hard and played hard. It took him years to do it, but he finally succeeded in restoring a little red Morgan sports car, a replica of which he is hopefully driving through heaven. In his professional life Judge Kuntz worked his way up the ladder of positions in the Montgomery County Juvenile Court until 1994 when he replaced Art Fisher as a judge in that court. He was always passionately committed to the young people – regardless of their conduct – who found themselves in his courtroom. No matter what their circumstances, no matter what they had done, he regarded them as his “kids,” and he regarded his responsibility as a mentor to make them better citizens in a better world. Remember him. Our poet shared Judge Kuntz’s empathy for and commitment to the less fortunate members of our society. She also shared his outgoing nature and gift of laughter. In fact, a neighbor recalled the sound of her loud laughter being constantly carried to his nextdoor ears as a signal that it would be another good day. Elizabeth Gorman, as a public

MichaelH. Holz

Hans Soltau

defender and later as a lawyer with Legal Aid, gave her emotion, dedication, intellect, laughter and tears to the thousands of needy clients she helped to bide the pelting of this pitiless world. Everyone who attended her memorial service described her as “my best friend.” Remember her. The first of our historians, Mark Kingseed, found a different way of serving our community. After a career as a house counsel with NCR, he became in 2004 a valued member of the Coolidge law firm. He demonstrated a work ethic that left all observers in awe. He claimed that his work ethic came from his childhood task of cleaning the pig pen at his family’s farm. Since Merle Wilberding also started his path to prominence at the same law firm in the same way, there must be some merit in such work. I nonetheless remain content with my own urban childhood. In addition to his role as a lawyer, Mark served his community for many years as Mayor of Centerville. Remember him. Our second historian, Michael H. Holz, combined the improvement of society in the form of handling appeals in criminal cases on a pro bono basis with his own self-im provement in the form of life-long academic learning and life-long physical exercise. A member of Mensa, he followed his youth at Oakwood High School and St. Paul’s Episcopal Church with a wartime trip to Vietnam where he learned to speak Vietnamese and served in an Intelligence Unit. While he was afflicted with polio as a child, his bucket continued on page 9


Dayton Bar Briefs Summer 2019


2019 Celebration of Life Memorial Luncheon continued from page 8 list as an adult consisted of finishing fifty years at the Bar and finishing fifteen reps at the barbell with some undisclosed weight. Both goals were accomplished to cap an accomplished and selfless career as a lawyer. Remember him. Also to be remembered are five Dayton lawyers who were not at their deaths members of the DBA: Barry Galen, Teri Geiger, Michael Matlock, Raymond Dundes, and Hans Soltau. Remember them (and also remember to pay your DBA dues if you want to enjoy a Celebration of Life eulogy at the end of your career!). While death is not to be taken lightly, its sting is removed when those who die remain possessed in the memory of the living. As Walt Whitman observed, the rendezvous is appointed, it is certain. If you prefer to keep your mind clear of what you deem morbid and unpleasant thoughts of mortality, you need not peruse this little article. If you find yourself surrounded on a daily and nightly basis by the ghosts of friends you have loved and lost, you are free to add the article to your boney bowl of memories. I look forward to seeing you again – and not just hearing about you or being heard of by you – at next year’s DBA Celebration of Life.

DAYTON Bar Association



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.

Apply: Jennifer Otchy,DBA Executive Director Dayton Bar Association | 109 N. Main St., Suite 600 | Dayton, OH 45402-1129 jotchy@daybar.org | 937.222.7902 | www.daybar.org

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


Summer 2019 Dayton Bar Briefs


For the

Spotlighting KERMIT F. LOWERY ESQ. Lexis Nexis a division of RELX, Inc.


or the Good” is one way that the Dayton Bar Association recognizes outstanding member contributions to the Dayton community. This time, we are pleased to spotlight Kermit F. Lowery, Vice President & Head of Legal - North America. Kermit is a 31-year veteran with LexisNexis, and a well-recognized leader in the Dayton community. At LexisNexis, Kermit is responsible for managing all attorneys and legal matters in North American. The responsibilities include, but are not limited to customer contracting for LexisNexis online products and services, global content licensing, intellectual property issues, copyright compliance, customer bankruptcies, litigation and other legal matters for North American. In addition to his day job, Kermit finds time to work as a volunteer lawyer and has been volunteering his time this way for over 30 years! Kermit graduated from Wright State University with dual majors in Political Science and Communications and was awarded a Juris Doctor from the University of Dayton School of Law. Before joining LexisNexis, he was a career Army officer and served in the US Army JAG Corps with more than 39 years’ on active duty and reserve status. He was an Assistant Judge Advocate and retired in 2012 as a Colonel with more than 39 years’ active and reserve duty. Kermit has served as President of the Greater Dayton Volunteer Lawyers Project and Dayton Bar Association, and is involved as an advisory board member for the University of Dayton Program in Law and Technology and as a board member for the Dayton Development Coalition. Kermit is VP of the Dayton Bar Foundation Board of


Dayton Bar Briefs Summer 2019

Trustees for 2018-2019. Kermit has always been very closely engaged and active at the local level. He currently serves on the Board of Trustees of the Friends of Levitt Pavilion. This project has made him especially proud of the way it is bringing the community together one concert at a time and helping to revitalize the Dayton community. Levitt Pavilion is a non-profit state-of-the-art outdoor amphitheater concert venue in Dayton presenting 50 family-friendly free concerts each summer. In 2014, Kermit received the Ohio State Bar Association’s John and Ginny Elam Pro Bono Award and the American Bar Association’s Pro Bono Publico Award. Kermit says that he will continue to be active in pro bono work. One of the most satisfying and rewarding experiences that he recalls was the case of a young woman who had two daughters, whom he assisted with getting a divorce. The father had been non-supportive of the family, involved with drugs and may have been abusive at the time. Sometime later, the woman contacted Kermit to thank him, and to let him know that she had become a nurse, and that she would never have been able to do so were it not for Kermit’s help. The woman also told Kermit that she had been granted a mortgage on a home, and that for the first time her daughters were each able to have their own room. Kermit is also involved in the Pro Bono Partnership of Ohio, which gives assistance to non-profit organizations who may lack the budget to retain an attorney. Kermit also helped facilitate pro bono training to provide assistance to veterans before both the Army and the Navy Boards, in matters such as ob-


taining a discharge upgrade where the Veteran may have been discharged prior to receiving any formal diagnosis of PTSD, due to drug addiction or under other mitigating circumstances. Many of the pro bono activities that Kermit is involved with are supported through the efforts of LexisNexis, that provides paid time off to employees in order to do volunteer and community service projects. Many of these employees are involved in various pro bono legal projects including advocacy for children through a program with the Montgomery County Juvenile Court and child protective services, where individuals work on behalf of the best interests of the child to determine whether a child should be reunited with their parents, placed in foster care, or any other options for the child. Kermit has provided volunteer services to the Greater Dayton Volunteer Lawyers Project (GDVLP) for more than 28 years. GDVLP is a nonprofit organization that provides free legal services to low income individuals who qualify for assistance. During his time volunteering with the GDVLP, Kermit has taken on countless divorce cases and other matters. He has participated in the Law and Leadership Institute which encourages 8th grade through high school aged students to attend college to become business and community leaders. In addition, he has volunteered many Saturday mornings to participate in the Wills for Heroes and Wills for Veterans programs. Wills for Heroes and Veterans are programs that provides end of life documents for individuals in the community who are first responders-firefighters, police officers and veterans.

continued on page 11


FOR THE GOOD: KERMIT F. LOWERY continued from page 10

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 Polygraph Kermit is also involved and active with the Rule of Law Foundation program at LexisNexis, which is a program that seeks to advance the rule of law around the world. One example of a project made possible by the pro bono efforts of LexisNexis, Kermit described, is a program entitled “eyeWitness to Atrocity” which provides a platform for the advancement of human rights that defenders, documenters, journalists and individuals throughout the world can use to capture, upload, and safely store the metadata needed to ensure that images can be used for investigations or trials involving human rights abuses. LexisNexis provides the safe storage facility for this important data that may be used to bring the perpetrators of international crimes to justice! Kermit says that he was most proud of his ABA and Ohio State Bar pro bono awards, because he saw them, in a way, as a tribute to his mom who “Taught me to help others when I can, and always give back to the community.” Kermit recalls one Christmas long ago when his mother’s car, with clothing and toys in the trunk, was stolen. The family had replaced the clothes and toys when on Christmas Eve, the car was located with the items still in the trunk. The family next door to his family at the time was having a more difficult time, and his mother gave the clothes and toys to them. Kermit remembers thinking at the time, “How did Santa Claus give them the same things?” Years later, when his mother explained to him what had happened, he understood the value and meaning of giving back whenever you can. As he continues in his long career of service to the Dayton community, he says that his biggest reward in life comes from helping others. Thank you to Kermit Lowery for sharing his work and his vision for the good of the entire Dayton community.

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By Kristina E. Curry DBA Editorial Board Pickrel Schaeffer & Ebeling Co., LPA www.daybar.org

Summer 2019 Dayton Bar Briefs


Cover Story

Defeating Devastation & Disaster


egardless of the position or title you may hold in this world, the most impactful role you will ever occupy within your lifetime is that of a concerned citizen. I have seen this; and more importantly, have experienced this truth firsthand. Whether serving my community as a soldier, attorney, magistrate judge; or even currently, as the Montgomery County Recorder; I’ve learned one’s strength is always at its greatest when it serves as a tool to empower the voices of those silenced in a manner which allows them to be heard by those with the ability to effectuate the change sought. I, along with so many others within our community, awoke from the nightmare of the Memorial Day tornadoes and began to live the reality of devastation which remained. This reality, which has destroyed the way of life for so many, has simultaneously invoked smiles of triumph and tears of agony. In the 3 weeks that have followed, a reformed sense of community has motivated those impacted (directly and indirectly) to work collaboratively towards one common goal. The devastation from the sky has left a rainbow of opportunity. Arguably, opportunities like never before. On Tuesday, May 27, 2019, at approximately 7:30am, I exited my peaceful home and entered into a realm of unspeakable pain where our neighbors were picking up the pieces of their lives- literally. The 19 mile stretch of tornadoes left a shocking amount of damage throughout Montgomery County- with the hardest hit areas being Harrison Township and Trotwood. Specifi-


Dayton Bar Briefs Summer 2019

cally, within Montgomery County more than 1,100 structures were totally destroyed, more than 1,000 endured major damage, and more than 1,600 suffered from what has been classified as minor damage. The powerful tornadoes uprooted trees, damaged power lines, peeled roofs off of houses, brought down walls of businesses and collapsed ceilings, just to name the most common signs of destruction. As a result, much debris was and remains scattered throughout the affected neighborhoods. By 9am, I had loaded my truck with dozens of cases of water to distribute to those who were directly affected. Why? Because the damage caused by the tornadoes left thousands of people without running water. I was not alone on this journey, many others drove through our affected neighborhoods handing out water, collecting non-perishable items and offering aid to those who needed it in ways not even understood as of today. This transformation started on Memorial Day, but it continues today and has showed no signs of departing. This natural disaster has produced community partnerships of strangers who have become family. These unrelated relatives have arrived in the form of churches, organizations, agencies, neighbors and strangers from throughout the region. Reports have been documented widespread of individuals showing up in neighborhoods to cut grass, rake and doing everything they can to restore these neighborhood to their original appearance. In the days, months and years which will soon follow the Memorial Day tornadoes, it

is vital the same energy distributed to rebuild our community is maintained to heal it. One will not happen without the other. Through the devastation and destruction, our community and sense of humility has been restored. We have found a renewed sense of unity that had previously been discounted or forgotten. I am both encouraged and hopeful that this blind and unwavering support for one another will continue throughout our community. However, it must be acknowledged that this energy will not remain without our willingness to work harder than ever to ensure it does not depart. The community we have today is not the same community we had before the Memorial Day tornadoes. Yet, we must remember and remind one another this natural disaster has forced us to pivot and discover a sense of togetherness which can yield dividends great enough to build the best community we have experienced during our lifetimes. We will always be at our best when standing by, for and with the people as a concerned citizen. Photo Cred: John Minchillo, AP Š Copyright 2019 The Associated Press. All rights reserved.

By Recorder Brandon C. McClain DBA Board Treasurer Montgomery County



Summer 2019 Dayton Bar Briefs


The Premier DBA Event of the Year Was a Huge Success! 2019 DBA Annual


Friday, May 31, 2019 @ Sinclair Community College







8.) 7.)

2019 Annual Meeting Candids Courtesy of Julie Noeth or Walling Photography.net:

In order from top right to bottom right: 1.) 2018-19 DBA President David Pierce & 2019-20 Judge Mary L. Wiseman. 2.) DBA Past President: Ralph Skilken; Susan Blasik Miller; Rick Perna; Brian Wildermuth; Tom Whelley II; Pat Allen; Judge Mary Kate Huffman and Neil Freund. 3.) DBA Outstanding Section Chairs: David Brannon; Fred Young; Brandon McClain; Chris Conard; Harry Beyoglides; John Ruffolo; Jay Carter; Anne Keeton; Glen McMurry; Ben Watson and Zach Heck. 4.) Annual Partners FARUKI+ Jeff Cox; Tom Knoth & Guests 5.) Thank you for your leadership David! 6.) Outgoing DBA Board Members: Cara Powers; Cat Rice and Brian Wildermuth 7.) Incoming Judge Mary Wiseman speaks to crowd. 8.) A portion of the 2019-20 DBA Leadership Development Class: Elizabeth Otis; Shawna Sorrell; Ebony Davenport; Lanese Layne and Emily Noggle. 9.) Dayton Bar Foundation President Richard Perna speaks to crowd.

Contact Julie Noeth Walling Photography.net

937.371.8876 Julie@wallingphotography.net




Summer 2019 Dayton Bar Briefs


DBA Rising Star

Melissa M. Koppenhoefer Esq. D D

rive, perseverance, and attention to the little things are Melissa Koppenhoefer’s keys to living her best life and likely what led her to being recognized as this month’s DBA Rising Star. Melissa is a native of Cincinnati. She earned a Bachelor of Science in Political Science from Northern Kentucky University (“NKU”) in 2009 where she was actively involved on campus. She developed lifelong friendships with the sisters in her a sorority, and cut her teeth in governmental affairs as an intern in NKU’s Office of Government and Community and Relations and executive vice president of the Student Government Association. After college, she attended the University of Dayton School of Law (“UDSL”). While at UDSL, she participated in moot court and had several clerkship experiences. She clerked in the trial division of the Nationwide Mutual Insurance Company and the corporate legal department of Luxottica Retail North America. But her most impactful clerkship was with the Law Office of the Montgomery County Public Defender. Working in the office’s juvenile division gave Melissa a firsthand view of how the criminal justice system operates. She said it was a profound experience that continues to shape who she is as a person today. Melissa took a position with Wright Patterson Air Force Base soon after graduating from law school and she has quickly risen up the ranks. Most recently, Melissa was promoted to Contracting Officer, an impressive accomplishment considering that she had to undergo an extensive warrant board process that she compared to an oral bar exam on the laws and regulations of federal acquisition. As a Contracting Officer, Melissa enters, administers, and manages contractual relationships on behalf of the federal government with various vendors. Although she could not discuss any details of the contracts that she manages, she proudly explained that she ensures that taxpayer dollars are spent wisely and efficiently. She also provides assistance and counsel to Air Force Program Managers on compliance related matters. Melissa views her position as more than just a job; it’s how she gives back to our country. Day-in and day-out she gets to assist the Department of Defense in keeping our country safe. Melissa also gives back to the community through her involvement with the DBA. In 2015, Melissa graduated from the DBA’s Leadership Development Program, where she spearheaded a class project – Barristers Bowl – that helped raise over $5000 for local charities. She has helped prepare several important legal documents for first responders through her participation in Wills For Heroes. And as a member of the Young Lawyers Division and Corporate Counsel Committee, she’s organized and coordinated several fundraising and legal education events. Currently, she sits on the Carl D. Kessler Inn of Court Executive Committee and the UDSL Alumni Board of Directors. Even though she devotes most of her time to giving back to our country at work and to our local community through the DBA, Melissa still finds time to pay attention to the little things. She likes to cook for friends and sample the fare from the Dayton area’s burgeoning restaurant scene. Working out and being physically active is also very important to Melissa. On the days she’s not swimming laps with her master’s swim team – the Dayton Area Sharks, she can usually be found jogging through Oakwood with “Olive,” By Jamar T. King a miniature schnauzer that she rescued. She is indeed Chair DBA Editorial Board living her best life. Thompson Hine LLP


Dayton Bar Briefs Summer 2019



New 2019 Foundation Fellows class members in attendance during t he 2019 Annual Meeting. Hon. Mary Montgomery; Fred Young; Hon. Thomas Rose; Recorder Brandon McClain; Cassandra Rice; Glen McMurry; Dan Brandt ; Carol Holm; Hon. Denise Cross; Deb Adler; Matt Jenkins; Tom Intili and Judge Mary Wiseman.

*Deceased **New 2019 Fellow Hon. Dennis J. Adkins **Deborah J. Adler Charles F. Allbery III Debra B. Armanini ** Adam C. Armstrong ** Gary W. Auman Theresa A. Baker Jonathon L. Beck Cheryll A. Bennett Erik R. Blaine Amy R. Blair Susan Blasik-Miller Robert A. Bostick Karen D. Bradley ** Daniel J. Brandt Joan B. Brenner Hon. James A. Brogan *Hon. James F. Cannon Hon. Anthony Capizzi Mag. Robert L. Caspar Jr. Mark R. Chilson Hon. William A. Clark Brooks A. Compton Christopher F. Cowan Jeffrey T. Cox Dale E. Creech Jr. (Ret.) ** Hon. Denise L. Cross F. Ann Crossman ** Nathan Croumer Mag. John A. Cumming Robert M. Curry Hon. Steven K. Dankof Sr. Wayne H. Dawson *Larry J Denny *Peter J. Donahue Hon. Mary E. Donovan Daryl R. Douple www.daybar.org

Hon. Frederick W. Dressel Trisha M. Duff James A. Dyer Christopher B. Epley Lauren Kay Epperley Lee C. Falke *Robert N. Farquhar Charles J. Faruki Mag. Gina A. Feller Hon. Patrick J. Foley Gary L. Froelich Hon. Jeffrey E. Froelich *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 Aaron Paul Hartley R. Mark Henry J. Stephen Herbert J. Michael Herr Ralph E. Heyman Victor A. Hodge Louis I. Hoffman *Nicholas C. Hollenkamp ** Carol J. Holm Hon. Mary Kate Huffman Hon. Guy R. Humphrey ** Thomas J. Intili D. Jeffrey Ireland David E. Izor ** Matthew R. Jenkins Thomas E. Jenks

William A. Jividen Joseph Steven Justice Keith R. Kearney Ronald 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 Hon. Michael W. Krumholtz Laurence A. Lasky *Kennedy Legler Gary J. Leppla Dennis A. Lieberman Hon. James F. Long ** Kermit F. Lowery L. Anthony Lush Jane M. Lynch Michelle M. Maciorowski Barry W. Mancz Dianne F. Marx Craig T. Matthews ** Brandon C. McClain Hon. Alice O. McCollum Hon. Frances E. McGee ** Glen R. McMurry Jeffrey R. McQuiston Hon. John M. Meagher Alan F. Meckstroth Hon. Michael R. Merz David P. Mesaros Mag. Arvin S. Miller lll Michael B. Miller ** Hon. Mary E. Montgomery *Hon. Robert L. Moore Ronald E. Mount Jeffrey A. Mullins James T. Neef Hon. Michael J. Newman Bruce I. Nicholson Victoria L. Nilles Thomas R. Noland Hon. Timothy N. O’Connell Hon. Thomas M. O’Diam Stephen Patrick O’Keefe Alvarene N. Owens ** Honorable Gerald Parker Richard P. Perna Hon. John S. Pickrel ** Denise L. Platfoot Lacey John D. Poley *Hon. Connie Price Testerman Lynn M. Reynolds Walter Reynolds

Bonnie Beaman Rice ** Cassandra A. Rice Hon. Walter Herbert Rice H. Pete Rife Hon. Adele M. Riley Jon Paul Rion John H. Rion Paul B. Roderer Paul B. Roderer Jr. William A. Rogers Jr. ** Hon. Thomas M. Rose Marshall D. Ruchman John M. Ruffolo Marybeth W. Rutledge Edwin L. Ryan Jr. Beth W. Schaeffer Gary C. Schaengold Jon M. Sebaly Todd D. Severt Edward L. Shank Carl D. Sherrets *Charles D. Shook Jeffrey B. Shulman Hon. Gregory F. Singer Hon. Richard S. Skelton Ralph A. Skilken Jr. Charles W. Slicer Sr. Jeffrey D. Slyman Edward M. Smith ** Susan D. Solle Brian A. Sommers Mary K.C. Soter Paul H. Spaeth Andrew C. Storar Nicholas E. Subashi Hon. David G. Sunderland Robert 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 D K Wehner (Ret.) ** Ellen C. Weprin Gary J. Weston Thomas P. Whelley ll Merle F. Wilberding Brian L. Wildermuth David P. Williamson Hon. William H. Wolff Jr. Michael L. Wright ** Fredric L. Young *Steven E. Yuhas Patricia A. Zimmer

Summer 2019 Dayton Bar Briefs


2019-20 Section If you attended the 2019 Dayton Bar Annual meeting you recall Judge Mary Wiseman’s speech on the term “Committees.” So, from then, until now, and furthermore Committees are now renamed: Sections. The DBA offers a comprehensive array of over 20 Sections divided into Administrative, Advisory, Service and Substantive categories. DBA Sections provide members the opportunity to serve the legal profession and the community, hone their skills in specific practice areas, enjoy social activities & networking opportunities.

Join a Section Today by emailing Tyler Wright: twright@daybar.org


advisory service


admin Eikenbary Advisory Board

Frank B. Williams, III, Co-Chair

Professional Ethics

Tabitha D. Justice, Co-Chair Ronald J. Maurer, Co-Chair Paul B. Roderer Jr., Co-Chair Christopher R. Conard, Co-Chair

Judges’ Section on Notaries Public

Diversity Issues

Lanese D. Layne, Co-Chair Julie E. Zink, Co-Chair


Fredric L. Young, Co-Chair

Sharalie E. Albanese, Co-Chair

Women in the Law

Lynn M. Reynolds, Co-Chair Erin E. Rhinehart, Co-Chair

substantive Appellate Court Practice

Unauthorized Practice of Law & Fee Dispute Arbitration John M. Ruffolo, Co-Chair



Public Service & Congeniality

Bar Briefs Editorial Board

Jamar T. King, Co-Chair Christina M. Spencer, Co-Chair Zachary S. Heck, Co-Chair Nadia A. Klarr, Co-Chair

Chancery Thursdays @ 11:30am Offsite: The Old Courthouse September 5, 2019 October 3, 2019 November 7, 2019 February 6, 2020 March 5, 2020 April 2, 2020 May TBD

2nd Wednesday @Noon September 11, 2019 October 9, 2019 November 13, 2019 January 8, 2020 February 12, 2020 March 11, 2020 April 8, 2020 May 13, 2020

Jeffrey S. Sharkey, Co-Chair Terry W. Posey, Co-Chair

Adam H. Krumholz, Co-Chair Hon. Mary Kate Huffman, Co-Chair

Bar Exam and Qualifications

John R. Hilgeman, Co-Chair Harry G. Beyoglides Jr., Co-Chair


Dayton Bar Briefs Summer 2019


n Chairs & Meeting Dates

Civil Trial Practice & ADR 2nd Tuesday @ 5:00pm September 10, 2019 October 8, 2019 November 12, 2019 January 14, 2020 February 11, 2020 March 10, 2020 April 14, 2020 May 12, 2020

Sean P. McCormick, Co-Chair Michael S. Mayer, Co-Chair

Domestic Relations 2nd Thursday @Noon September 12, 2019 October 10, 2019 November 14, 2019 January 9, 2020 February 13, 2020 March 12, 2020 April 9, 2020 May 14, 2020

Nicole L. Rutter-Hirth, Co-Chair Justin C. Nidiffer, Co-Chair

Juvenile Law

1st Monday @ 4:00pm September 9, 2019 October 7, 2019 November 4, 2019 January 6, 2020 February 3, 2020 March 2, 2020 April 6, 2020 May 4, 2020

Hon. Helen C. Wallace, Co-Chair Sarvani P. Nicolosi, Co-Chair

Estate Planning, Trust & Probate Law

Labor & Employment Law

Ben A. Watson, Co-Chair Kevin C. Quinlan, Co-Chair

Edward M. Smith, Co-Chair David D. Brannon, Co-Chair

Gretchen M. Treherne, Co-Chair Lisa A. Hesse, Co-Chair

Criminal Law 3rd Wednesday @Noon

Federal Practice

Real Property

Michael P. Dailey, Co-Chair Laura M. Woodruff, Co-Chair

Glen R. McMurry, Co-Chair Michael N. Rhinehart, Co-Chair

Erin M. Laurito, Co-Chair Brandon C. Hedrick, Co-Chair

Corporate Counsel

4th Thursday @ 4:30pm Offsite: Bravo Italian Resturant September 26, 2019 October 24, 2019 November 28, 2019 January 23, 2020 February 27, 2020 March 26, 2020 April 23, 2020 May 28, 2020

September 18, 2019 October 16, 2019 November 20, 2019 January 15, 2020 February 19, 2020 March 18, 2020 April 15, 2020 May 20, 2020


1st Wednesday @4:00pm September 4, 2019 October 2, 2019 November 6, 2019 TBA January 2020 February 5, 2020 March 4, 2020 April 1, 2020 May 6, 2020

2nd Monday @ Noon September 9, 2019 October 14, 2019 November 11, 2019 January 13, 2020 February 10, 2020 March 9, 2020 April 13, 2020 May 11, 2020

2nd Tuesday @ Noon September 10, 2019 October 8, 2019 November 12, 2019 January 14, 2020 February 11, 2020 March 10, 2020 April 14, 2020 May 12, 2020

Workers’ Comp / Social Security 3rd Thursday @Noon September 19, 2019 October 17, 2019 November 21, 2019 January 16, 2020 February 20, 2020 March 19, 2020 April 16, 2020 May 21, 2020

Joshua R. Lounsbury, Co-Chair Jennifer M. Brill, Co-Chair

Young Lawyers Division 1st Wednesday @ Noon September 4, 2019 October 2, 2019 November 6, 2019 TBA January 2020 February 5, 2020 March 4, 2020 April 1, 2020 May 6, 2020

Chris C. Hollon, Co-Chair Cara J. Williams, Co-Chair Steve D. Strain, Co- Chair Marty W. Gehres, Co-Chair

2nd Thursday @ Noon September 12, 2019 October 10, 2019 November 14, 2019 January 9, 2020 February 13, 2020 March 12, 2020 April 9, 2020 May 14, 2020

Summer 2019 Dayton Bar Briefs


Grandparent Visitation Rights In Ohio

By Sarita L. Simon Staff Attorney for the CASA Program Montgomery County Juvenile Court

*This article does not reflect the views of the CASA Program or Montgomery County Juvenile Court


ike many individuals I became engrossed in the 2015 disappearance of Crystal Rogers. Ms. Rogers was a 35-year old mother of five from Bardstown, Kentucky who was last seen around midnight on July 3, 2015.1 On July 5, 2015 her vehicle was located with a flat tire and the keys were still in it along with her purse and cell phone.2 One individual named a suspect in her disappearance as her paramour Brooks Houck with whom she shares a child.3 Furthermore, Ms. Rogers’ family has on numerous occasions accused Mr. Houck of being involved with Ms. Rogers’ disappearance.4 In November of 2018, the Kentucky Court of Appeals ruled that the local court erred when it ordered that Ms. Rogers’ parents be granted grandparents’ visitation rights over the objection of the child’s father.5 The grandparents were granted visitation every other weekend along with some holidays. 6 The trial court’s order was reversed because it did not apply the correct standard in determining whether grandparent visitation was in the child’s best interest and a new evidentiary hearing was ordered.7 The court went on to state that grandparents bear the burden of showing through clear and convincing evidence that visitation is appropriate and that the court should overrule the parent’s wishes.8 In this instance, it appeared that the Circuit Court placed the burden on the parent instead of the grandparents.9 The court also took note about the acrimony between the parties. The court stated that a parent’s decision to deny visitation to grandparents is given special weight by the court.10 Mr. Houck and his current paramour testified regarding the child’s behavior after he would return from visitations with his grandparents where, according to Mr. Houck, his child would act distant and ask him “What did you do to my mommy?”11 Furthermore, in the decision, the court held that the grandparents showing a loving relationship with their grandchild is not enough to warrant a visitation order.12 Lastly, the court further stated that when it comes to grandchild visitation,


Dayton Bar Briefs Summer 2019

grandparents are not on equal footing with parents.13 Now let us take a look at grandparent rights in Ohio. When a child has an intact family, meaning both of the parents are married to each other, the child’s grandparents have no legal rights to visitation.14 A grandparent may sue for visitation when either: 1) the child’s parents are unmarried; 2) a parent is deceased; or 3) the parents have divorced or separated.15 In order for visitation to be granted however, it must be in the child’s best intrest.16 Additionally, in order for paternal grandparent visitation to be granted paternity needs to be established.17 In Troxel v. Granville, the U.S. Supreme Court held that the Fourteenth Amendment grants parents a fundamental right to oversee the care, custody and control of their child.18 Therefore, when a grandparent seeks visitation with their grandchild, the grandparents bear the burden of proof that visitation is in the best interest of the child.19 In Harrold v. Collier, the Ohio Supreme Court held that the court has to give special weight to the wishes of the child’s parent but ultimately must decide what is in the best in interest of the child. 20 In Harrold, mother and child lived with her parents until mother passed away from cancer when the child was two.21 Upon the mother’s passing, the child continued to live with maternal grandparents for another three years until the father was granted legal custody, whereupon he denied the maternal grandparents visititation.22 The court granted grandparent visitation finding that it was in the child’s best interest noting that the grandparents raised the child for the first five years of her life.23 In determining what is in the best interest of the child, Ohio Revised Code 3109.051(D) sets out sixteen factors that the court should consider. Among those factors are the following: 1) parent’s wishes; 2) child’s wishes; 3) child’s age; and 4) the interactions between the parties involved.24 There is additionally a catchall factor that allows the court to consider any other relevant information.25

Grandparent rights are also affected by adoptions, and abuse, neglect and dependency actions. In the cases where the parents are divorced or the parents were never married, any type of adoption terminates grandparent visitation rights.26 However, if one of the parents is deceased, and the surviving parent remarries, that act does not terminate grandparent visitation rights.27 When children are removed from a parent’s care by children services due to a complaint regarding abuse, neglect or dependency, grandparents should contact children services to arrange visitation with them directly.28 Moreover, if permanent custody is granted to a children’s services agency, their right to visitation will be terminated.29 That being said, the Court can order that a children services agency continue visitation if there is both a bond and a positive relationship between the child and their grandparent. Visitation may however be terminated if the child receives a permanent placement.30 ENDNOTES: Benjamin H. Smith, Crystal Rogers: Key Players In The Case Of The 35-YearOld Mom Of 5 Who Disappeared, ( July 30, 2018), https://www.oxygen. com/crime-time/keyplayers-crystal-rogers-casedisappearance-bardstown. 2 Id. 3 Id. 4 Forrest Berkshire, Sherry Ballard Loses Visitation To Grandson After Appeals Court Ruling, (November 2, 2018), https://www. kystandard.com/content/ sherry-ballard-losesvisitation-grandson-afterappeals-court-ruling. 5 Id. 6 Id. 7 Id. 8 Id. 9 Id. 10 Id. 11 Id. 12 Id. 13 Id. 1

Susan Adcox, Grandparents' Visitation Rights in Ohio, (April 09, 2018), https://www.liveabout. com/ohio-grandparentsrights-1695975 15 See Ohio Revised Code §3109.051; Ohio Revised Code §3109.11; and Ohio Revised Code §3109.12. 16 Ohio Revised Code 3109.051(D). 17 Adcox. 18 530 U.S. 57 (2000). 19 Id. 20 Ohio St.3d, 2005-Ohio-5334. 21 Id. 22 Id. 23 Id. 24 Ohio Revised Code §3109.051(D). 25 Id. 26 Ohio Revised Code §3107. 27 Ohio Revised Code §3109.11. 28 Adcox. 29 See Ohio Revised Code §2151.011(B)(31) and In re Adoption of Ridenour, 574 N.E. 2d. 1055, 61 Ohio St. 3d 319 (Ohio, 1991). 14




Continuing Legal Education August Wednesday, August 28th | 1:00-3:00pm Notary: A Breakdown of S.B. 263 2.0 General Hrs Member $65 | NonMember $90 | Passport Holder $0 Paralegals $40 | Realtors $25 | Printed Materials $20 Speakers: Allison DeSantis, Director of Business Services and Deputy Assistant Secretary Ohio Secretary of State Office Fred L. Young Esq., Chair DBA Judges' Section on Notaries Public Shareholder, Green and Green Lawyers Agenda: - Online Notary - Education, Application & Tech Requirements E-Notary - Electronic Notarization - Secretary of State’s Responsibility for Notaries Public - Notarial Acts and Fees/Tools/Resignations - Effective Dates - New Forms - Continuing Education - DBA Responsibility for Notaries Public

September Thursday, September 12th | 1:00-4:15pm (video replay) Ethics Case Law Review and New Advisory Opinions 3.0 General Hrs Member $105 | NonMember $150 | Passport Holder $0 Wednesday, September 18th | 1:00-3:15pm Auto Accident Primer 101: The Nuts and Bolts of What You Need to Know 2.0 General Hrs Member $65 | NonMember $90 | Passport Holder $0 Speaker: William J. Price Elk and Elk Co. Agenda: - What The Client Must Answer in Your First Meeting - The Contingency Fee Agreement, Documents The Client Must Sign - Ohio Code of Professional Conduct Requirements After Client Meeting - The Simple Methodology to Winning Insurance Adjuster Over - Your “Punch List” For Document And Information Collection - How to Discuss the Value of the Case with Your Client - How to Deal When Client Believes The Case Is Worth More - Convincing the Adjuster To Give You Their Top Dollar Of Their Evaluation - How To Leverage The File: File Suit - Mediation Skills & Opportunities To Show Off To Your Client While Making Money - Ending the Case On High Note Thursday, September 19th | 9:00-12:15pm Well-Being Skills for the Effective Lawyer @ University of Dayton School of Law 3.0 General Hrs or 3.0 NLT Hrs Member $105 | NonMember $150 | Passport Holder $0 Speaker: Debra S. Austin, J.D., Ph.D., Professor of the Practice University of Denver Sturm College of Law The stressors of work in the legal field can take a tremendous toll on cognitive ability. This presentation discusses the brain areas associated with these stressors and strategies for maintaining optimal cognitive functions referenced in the ABA Path to Lawyer Well-being Report. Young, mid-career and senior level lawyers can benefit from maximizing their cognitive health, just as they care of their physical health. Friday, September 20th | 9:00-4:45pm (video replay) Juvenile Court Attorney Certification Training Seminar 6.25 General Hrs Member $215 | NonMember $300 | Passport Holder $0

October Friday, October 4th | 9:00-12:15pm Appointed Appellate Counsel Seminar 3.0 General Hrs or 3.0 NLT Hrs Member $105 | NonMember $150 | Passport Holder $0 Tuesday, October 29th | 8:45am-4:30pm Annual Elder Law Update @ Sinclair Community College Building 12 5.0 General Hrs, 1.0 Professional Conduct Hr Member $215 | NonMember $150 | Passport Holder $30

November Friday, November 8th | 8:30am-4:00pm 27th Annual DBA Bench Bar Conference Fair Elections VS Social Media @ Sinclair Community College Building 12 5.75 General Hrs, 1.0 Professional Conduct Hr EARLY BIRD SPECIAL Register before October 16th: Member $175 | NonMember $275 | Passport $30 After October 16th : Member $215 | Nonmember $300 | Passport $30 Friday, November 22nd | 9:00-3:45pm Criminal Law Certification 6.0 General Hrs Member $215 | NonMember $300 | Passport Holder $0

2019-20 DBA



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Questions About CLE? Contact Tyler Wright DBA CLE & Special Events Coordinator

twright@daybar.org 937.222.7902

Summer 2019 Dayton Bar Briefs


From The Judges Desk



By The Honorable Barbara P. Gorman Montgomery County Common Pleas Court - General Division



ByThe Honorable Michael W. Krumholtz Montgomery County Common Pleas Court

he date May 27, 2019 is one that many residents of Montgomery County and of surrounding counties will always remember as the day of the Memorial Day tornados. The National Weather Service has since confirmed that 19 tornados touched down in Ohio (not all in Montgomery County) during the late evening of May 27, 2019 and the early morning of May 28, 2019.1 During the weeks that have followed, citizens of the affected areas have pitched in to help with clean-up and recovery efforts. Many have offered help and support, and I want to highlight a few of these groups of people. One of these groups are the residents from Montgomery County Common Pleas Court’s Secure Transitional Offender Program (STOP). STOP is a supervised drug and alcohol intervention program in which men and women fight their addiction and also provide community service. Residents from STOP have provided help in a number of ways. Following the devastation from the Memorial Day tornados, some of the men who are residents at STOP went out into the community to help clear debris. During the cleanup, these men took extra time to try to salvage anything they could for the homeowners who lost their homes. For instance, one woman was able to recover a wedding ring due to the careful efforts of the STOP men. The women residents of STOP have helped deliver boxes of food to a Dayton area food bank. These STOP participants have provided immediate help to those most devastated by the tornados. Other groups working tirelessly to aid the victims of the Memorial Day tornados are groups from Advocates for Basic Legal Equality, Inc. (ABLE), the Legal Aid of Western Ohio (LAWO), the Greater Dayton Volunteer Lawyers Project (GDVLP), and numerous area attorneys who volunteer their services with these groups pro bono. Members from ABLE, LAWO and the GDVLP were stationed at the Multiple Agency Resource Event at the Salvation Army KROC Center to provide legal information to those impacted by the tornado and to do intake in order to get victims into the system for services going forward. Members were also present at other centralized venues in communities hit the hardest by the tornados to provide any necessary legal information. The GDVLP held a document replacement clinic at Sinclair Community College in order to help victims of the tornado obtain replacements of destroyed documents at no charge. ABLE, LAWO, and the GDVLP have planned for representation of individuals related to insurance claims, scammers, and other legal issues that arise following disasters. Now that FEMA has approved individual assistance (to individuals and households) in Auglaize, Darke, Greene, Hocking, Mercer, Miami, Montgomery, Muskingum, Perry, and Pickaway counties2, ABLE, LAWO and the GDVLP are prepared to offer guidance and assistance for FEMA appeals. What an inspiration to everyone to see all of the assistance provided. We certainly are #daytonstrong. ENDNOTES: 1


Dayton Bar Briefs Summer 2019


2 https://www.wdtn.com/news/dewine-fema-approves-assistance-in- 937.222.7902


to celebrate the opening of the Supreme Court...

Have you joined a DBA Section? Join Today and Lend YOUR Voice to the Conversation!

First Monday in October Celebration

Monday, October 21, 2019 University of Dayton School of Law Speaker: The Honorable Jane Kelly Eighth Circuit Court of Appeals

About Judge Kelly: On April 24, 2013, the Senate unanimously confirmed Jane Kelly to the United States Court of Appeals for the Eighth Circuit by a vote of 96-0. Judge Kelly has brought muchneeded gender and professional diversity to the court, which has jurisdiction over seven states: North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Missouri, and Arkansas. She is only the second woman ever to sit on the Eighth Circuit. Furthermore, as a former career Federal Defender, Judge Kelly has added an important perspective on criminal justice to the Eighth Circuit.


September 2019 Section Meeting Dates September 9 @ 4:00pm Juvenile Law

September 10 @ 5:00pm Civil Trial Practice & ADR

September 4 @ Noon Young Lawyers Division

September 11 @ Noon Appellate Court Practice

September 4 @ 4:00pm Estate Planning, Trust & Probate

September 12 @ Noon Domestic Relations

September 5 @ 11:30am Public Service & Congeniality Offsite: The Old Courthouse

September 12 @ Noon Real Property

September 9 @ Noon Federal Practice September 10 @ Noon Labor & Employment Law

September 18 @ Noon Criminal Law September 19 @ Noon Workers’ Comp / Social Security

for more meetings details, visit:



Goes anywhere you go this Summer! Take up to

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Alexandra Laine-Gieringer

Patrick Zimmer

Sebaly Shillito + Dyer

Rachel A. LeMaster WilmerHale

Magistrate John A. Root Montgomery County Domestic Relations Court

PARALEGALS Dr. Amber E. Alegria Bieser Greer & Landis, LLP

Sarah M. Greene Bieser Greer & Landis, LLP

Daybar.ce21.com www.daybar.org

Summer 2019 Dayton Bar Briefs


What happens when you contact OLAP? T T

he Ohio Lawyers Assistance Program receives about 40 calls per month from legal professionals who could use some help. The calls come from the law student, lawyer or judge who is concerned for himself/herself, and we also receive calls from individuals who are concerned about a colleague. Some examples include: • A law student struggling with depression • A concerned daughter trying to help her aging mother • An overwhelmed judge suffering from secondary trauma • A young lawyer plagued with an eating disorder • A mother who is raising a disabled child • A father in danger of losing custody of his children • A big law firm lawyer having trouble controlling her alcohol intake • A lawyer who notices that her colleague has been missing deadlines and just doesn’t seem to be herself These are only a few of the examples of legal professionals that the Ohio Lawyers Assistance Program helps.

What happens when you call OLAP? It depends.

If you are concerned about another person...

If you are concerned about your own mental wellbeing, we will meet with you to conduct a full confidential substance use disorder (SUD; alcohol, prescription and illegal drugs) and mental health (MH) assessment that usually takes two to three hours. After the assessment, our staff gives recommendations to you to help you head in a better direction. We are trying to find out what is going on (diagnosis), and what needs to be done (drug/alcohol treatment, medical evaluation, psychological/psychiatric evaluation, psychological therapy, etc.). We encourage you to sign a Recovery Contract with us for a minimum of two years, and up to five years. The contract requires you to do whatever it takes to make positive changes in your life. For SUD, this can be inpatient or outpatient treatment, 12-Step recovery meetings, or other support groups. For MH, this can mean seeing a psychiatrist/psychologist/counselor for an evaluation, taking prescribed medications, and individual and/or group counseling. We also require telephone contact with us, often daily early on, and then as you improve, it can be reduced to one or two times per week. Whatever the requirements, you are required to document what you are doing, by providing written verification of attendance at 12-Step/ support group meetings, regular reports from therapists, etc. We require random alcohol/drug testing to help you stop using, and if you are taking prescribed medication, we may require random testing to be sure you are taking the medication (it does not help to have a prescription to help your brain chemistry, but not take it). While this might sound like a lot of work, you must understand that we recommend these steps so that you can get well. To be a good lawyer, you must be a healthy lawyer.


Dayton Bar Briefs Summer 2019

By Scott R. Mote, Esq., Executive Director, OLAP

We are here for those of you concerned about an attorney or judge in trouble. We can also help you find the services you need to cope with the stress of dealing with a loved one or colleague in distress. We receive calls/referrals from partners, office-sharing colleagues, judges, disciplinary counsel, certified grievance committees, admissions committees, defense counsel, spouses, children, law school administrators and professors, and the occasional client. Concerns raised include drinking, illegal and prescription drugs, internet porn, sexual compulsion disorder, gambling, depression, anxiety, bipolar disorder, anorexia and bulimia, adult attention deficit disorder, posttraumatic stress disorder...you name it, it affects our profession. Unless it is obvious that our help is needed immediately (if a person is in jail, for example), we require independent corroboration. Without reliable corroboration, we open a file and wait for further information. Where we have corroboration, we often will set up and facilitate an intervention. Sometimes we provide information to the caller on how to approach the troubled person, and that results in a call from a new client.

If you are a law student.

Although not yet lawyers, law students are still a part of the legal community, and therefore the Ohio Lawyers Assistance Program provides help to law students with problems related to SUD and MH. While law school provides a great opportunity to study the law, it can be a very stressful time due to the heavy workload, high expectations, competition, time commitment, financial debt, and competition for landing the right job. Maintaining a balance between your workload and social life can be a challenging but necessary task to help avoid many of the pitfalls associated with law school, such as depression and anxiety. While moderate levels of stress can have a positive impact on performance, excessive and prolonged stress can negatively impact not only your schoolwork but also your social relationships. The Ohio Lawyers Assistance Program is a safe place to turn for confidential assistance.

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What happens when you contact OLAP? continued from page 24 OLAP is confidential

If you contact OLAP about yourself or about someone else, you can rest assured that your call and anything you discuss with OLAP will be protected by strong rules of confidentiality: • Prof. Cond. Rule 8.3 provides an exemption from the duty to report knowledge of ethical violations when that knowledge was obtained in the course of OLAP's work. • Code of Judicial Conduct Rule 2.14 provides that information obtained by a member or agent of a bar or judicial association shall be privileged. • R.C. § 2305.28 provides qualified immunity from civil liability for OLAP staff (B and C) and for anyone who provides information to OLAP (D). If you or someone you know is having problems with substance abuse, alcohol abuse, addiction or mental health, don't let fears about the admissions or disciplinary consequences prevent you from contacting us. No potential admissions or disciplinary situation will be made worse by contacting OLAP. Contact the Ohio Lawyers Assistance Program confidentially at www.ohiolap.org, bendslow@ohiolap.org or (800) 348-4343.


Summer 2019 Dayton Bar Briefs


Members On The Move





Attorney Robert M. Curry is the 2019 recipient of the Ohio Legal Assistance Foundation Presidential Award for Pro Bono Service. This award given annually during the OSBA Annual Meeting, goes to individuals, law firms or organizations that have made outstanding efforts in improving access to justice in Ohio. Curry, a partner in Thompson Hine’s real estate practice group and former partner-in-charge of the Dayton office, balances his professional responsibilities with a commitment to pro bono service. Curry serves as board president for Advocates for Basic Legal Equality (ABLE) and Legal Aid of Western Ohio (LAWO). In 2017, he served as co-chair of ABLE and LAWO’s 50th anniversary campaign and his work was instrumental in raising more than $1.3 million dollars, which allowed for the expansion of civil legal assistance to Ohioans unable to afford an attorney. Green & Green, Lawyers is pleased to announce that Jonathan F. Hung is now a shareholder of the firm. His practice focuses on real property and civil litigation, which includes: land use and zoning; foreclosure prosecution and defense; dealing with local government; home construction contracts; premises liability; landlord/tenant law; creditor’s rights; real property taxes; and receiverships. Jon is also currently a member of the City of Beavercreek Board of Zoning Appeals, of which he has served as Chairman. Pro Bono Partnership of Ohio (PBPO), a local nonprofit dedicated to engaging attorney volunteers to provide nonprofits with free legal services tailored to their business needs, is pleased to announce that Marcie Hunnicutt is its new Dayton Director & Counsel. She will lead PBPO's Dayton office and focus on engaging and supervising volunteer attorneys and providing legal assistance to our nonprofit clients. Prior to PBPO, Marcie worked for Collins Aerospace as a Contract Specialist and local law firms, Thompson Hine and Dinsmore & Shohl, where she practiced corporate and international trade law. Dungan & LeFevre Co., L.P.A. is pleased to announce the addition of Michael J. Scarpelli to the litigation department as an associate attorney. Mike will be handling business litigation, contract disputes, employment issues, personal injury, and criminal defense. Mike is a graduate of University of Cincinnati College of Law (magna cum laude) where he was admitted to Order of the Coif.




Coolidge Wall Co., L.P.A., is pleased to announce the following: For more info contact Elaine F. Reinert, Applications Support 223.8177 | reinert@coollaw.com Benjamin A. Mazer has joined the firm as an associate in its Labor & Employment Department. Prior to joining Coolidge Wall, Ben served as Assistant Prosecutor with the Montgomery County Prosecutor’s Office, where he focused primarily on civil litigation in the areas of management-side employment defense and public sector defense on behalf of the county. Ben has served as lead counsel in dozens of cases in both federal and state courts and administrative agencies, while providing legal advice to county boards, agencies, elected officials, and commissions. W. Chip Herin III and R. Michael Osborn have been elected as new shareholders of the firm.“Chip and Mike have developed deep experience within their practice areas and dedicated themselves to providing trusted counsel and excellent customer service,” said J. Stephen Herbert, President an CEO of Coolidge Wall. ” Herin is an attorney in the firm’s Corporate and Real Estate Departments. He serves as a business advisor to his clients, assisting business and property owners in all phases of mergers and acquisitions, as well as the purchase, sale and financing of commercial real estate. Herin helps clients structure and manage deals, identify pre-purchase issues, and assists in post-closing matters. Osborn is an attorney in Coolidge’s Corporate and Tax Departments. His practice includes business and tax planning for families and closely held businesses, estate and succession planning, and providing business and tax counsel to tax-exempt organizations. Osborn often serves as general outside counsel to businesses, including corporations, partnerships, LLCs, and non-profit organizations. He represents individuals and business organizations before the IRS, state, and local taxing authorities.

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 an 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: www.daybar.org/MembersOnTheMove and are subject to editing. These accouncements are printed as space is available. DBA ADVERTISING: For advertising in the Dayton Bar Briefs or any other DBA Publication- Discount rates are available! Questions? Contact: DBA Communications Manager | Shayla M. Eggleton: publications@daybar.org 26

Dayton Bar Briefs Summer 2019


classifieds WATTS

Dinsmore & Shohl LLP is pleased to announce the following: For more info contact Hannah Means 513.744.3132 | hannah.means@dinsmore.com Dayton attorney Ann Charles Watts has recently passed the Florida bar. Watts focuses her practice on estate planning, probate, charitable gift planning and nonprofit law, as well as guardianships and adoptions. Dinsmore has earned multiple honors from the National Law Journal for the fifth consecutive year and have recently landed at No. 86 on the NLJ 500, which ranks the largest U.S.-centric law firms. It also ranked 79th nationally on the Journal’s Women’s Scorecard, which accounts for female representation across all attorney positions. This marks the fourth year in a row that Dinsmore has earned a top-90 NLJ 500 ranking, and it is the fourth time in five years that the firm has placed within the top 80 on the Women’s Scorecard. These accolades align with others the firm has received over the past year, including its No. 6 ranking in 2018’s Glass Ceiling Report by Law360, which called Dinsmore one of the nation’s top firms for women attorneys.





Pickrel Schaeffer & Ebeling, Co., LPA is proud to announce the following: For more info contact Jan Burden, Marketing Director 223.1130 | JBurden@pselaw.com Ebony Davenport recently joined our firm as an Associate. She will provide assistance to every area of practice throughout the firm. While in law school, she was very active in student organizations while helping to improve the overall culture for both faculty and students. Ebony was a Dean’s Fellow; Comment Editor on Law Review; the president of the Black Law Student Association and served on two faculty-led committees: Academic Appeals, and Diversity, Equity, and Inclusivity. Most recently, Ebony was accepted to the Dayton Bar Association Leadership Development Class of 2019-2020.

LOCAL COURT RULES Dayton Municipal Court has proposed changes to the Local Court Rules. Please visit the Dayton Municipal Court at http:// www.daytonmunicipalcourt.org/ for notice of and an opportunity to view and comment on proposed local court rules. MEDIATION/ARBITRATION William H. Wolff, Jr., LLC Retired Trial and Appellate Judge Phone: (937) 293-5295 (937) 572-3185 judgewolff@woh.rr.com NUMISMATIC CONSULTATION AND APPRAISAL SERVICES Does your client have a collection of coins, currency, exonumia, precious metals or other money related items? Numismatic appraisals our specialty. Consultation on the orderly disposition and liquidation of numismatic assets. coinbuyers@pm.me www.coinologist.com PARALEGAL/LEGAL ASSISTANT SOUGHT Are you an excellent communicator? Do you have significant experience with handling domestic relations cases? We have a rare opening at Holzfaster, Cecil, McKnight & Mues for a top notch legal assistant. We are flexible whether full or part time position based on qualifications. Please email your resume to Chip Mues at LawDayton@gmail.com.

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Gabrielle R. Neal (Gaby) has recently joined PS&E as an Associate. Gaby will be on the Business Law and Real Estate team where she will concentrate her practice on real estate, business, and municipal law. She represents owners, investors and entrepreneurs in all aspects of business and commercial law. Gaby excels at contract drafting, review and negotiations; curing title issues; and assisting clients with real estate transactions. While in law school she was a staff writer and editor of the Dayton Law Review. PS&E is excited to announce the opening of an additional location in Troy, Ohio at 22 North Short Street right across from the Miami County Court House. President of Pickrel, Schaeffer and Ebeling, Michael W. Sandner says, “we are pleased to be able to offer a physical footprint to service our clients and neighbors in the Northern Miami Valley. We welcome and look forward to the opportunity to provide superior legal services to the residents of Miami County.” Attorneys Matthew C. Sorg and Katrina L. Wahl will be the lead attorneys in our Troy Office. Matt spends the majority of his time offering legal services in all types of domestic relations matters, including dissolution, divorce, legal separations, custody, child support, spousal support, property division, prenuptial agreements, and parental rights. Katie focuses her practice on business and corporate law, as well as estate planning, probate (estate administration and guardianships) and Medicaid planning. As a corporate and business lawyer, she has experience in forming new entities and assisting clients with the sale or purchase of a business, as well as drafting terms and conditions, contracts and other agreements. www.daybar.org

Eikenbary Trust..................................9 Ferneding Insurance.......................28 LCNB Bank...........................................7 National Processing Solutions......25 OBLIC..................................back cover R.L. Emmons & Associates..............11 Rogers McNay Insurance..................9 Trisha M. Duff - Mediations............31

Summer 2019 Dayton Bar Briefs


Members On The Move Taft Stettinius & Hollister LLP is pleased to announce the following: For more info contact Michelle Marek, Director of Operations & Marketing 228.2838 | mmarek@taftlaw.com Taft has been named the Ohio Women’s Bar Association’s (OWBA) 2019 Family Friendly Award recipient. The award was announced at the OWBA’s Annual Meeting. Established by the OWBA in 2003, this award is given each year to a legal employer who demonstrates a commitment to work-life balance and promoting a family-friendly workplace for lawyers in Ohio. “Taft has made great strides in acknowledging barriers for women and working parents in the legal field, from our adoption of a one-class partnership to providing paid benefits geared towards improving work-life balance for parents,” says Taft’s Chief Human Resources Officer Pam Krivda. Taft has introduced significant initiatives over the past several years to promote a family-friendly workplace, including adopting a one-class partnership structure, creating Taft’s Gender Advancement Committee, providing lawyers with family-centered paid benefits such as a 16-week paid parental leave, introducing implicit bias training programs and hosting an annual Women’s Symposium to recognize Taft’s trailblazers and to elevate leadership opportunities for female lawyers. Taft has also been recognized with the Gold Standard Certification by the Women in Law Empowerment Forum LLC (WILEF). The WILEF Certification is reserved for law firms which demonstrate that women are active at the highest levels of leadership within the firm. “Gender advancement is a priority at Taft,” explains Sonya Jindal Tork, co-chair of Taft’s Gender Advancement Committee. “We have a record number for the firm of women in leadership positions, and we will continue to strive to lead by example in the legal industry by identifying and promoting opportunities for women and minorities to lead and succeed.”




Young & Alexander Co., L.P.A. is pleased to announce the following: For more info contact Lauren Janka, Office Administrator 224.9291 | ljanka@yandalaw.com Attorney Tony V. Graber joined the firm’s Dayton, OH, office, on December 17, 2018. Tony’s practice focuses on civil litigation, insurance defense & subrogation. Prior to joining the firm, he served as a staff attorney for the Ohio Twelfth District Court of Appeals, clerked in the U.S. District Court for the Southern District of Ohio, and clerked for the United States Attorney’s Office. Prior to law school, Tony served as an intern for NFL player agency, Five Star Athlete Management. Attorney Robert H. Hollencamp has joined the firm’s Dayton, OH, office, on February 1, 2019. Rob has over 11 years of experience representing clients in the areas of litigation, debt collection, commercial collection, business law & disputes, real estate, receiverships, foreclosures, executions & attachments. Rob is a fourth generation Hollencamp attorney in Dayton, Ohio. Much of Rob’s practice involves representing creditors, institutional or otherwise, in troubled relationships and navigating the complex issues that arise when businesses struggle and fail, or parties simply refuse to pay sums owed. Attorney Eli T. Sperry has joined the firm’s Dayton, OH, office, on April 1, 2019. Eli has over 11 years of experience representing clients in the areas of probate, estate planning, guardianships, wills & trusts, advance directives, will contests & mental health matters. Eli is an active participant in the Wills for Heroes program. Eli is the 2015 recipient of the Law Day Award from Montgomery County Probate Court Judge Alice O. McCollum, a 2016 Dayton Business Journal 40 under 40 recipient, and a 2018 Graduate of Leadership Dayton.


Dayton Bar Briefs Summer 2019


Don’t miss these annual events!

Mark Your Calendar Never miss a beat - follow us on social media.



The Chancery Club Luncheons

Criminal Law Certification

The Old Courthouse Doors open at 11:30 *NEW DATES Thursdays! September 5, 2019 October 3, 2019 November 7, 2019 February 6, 2020 March 5, 2020 April 2, 2020 May TBD

Friday, November 22, 2019

Juvenile Law Certification Friday, September 20, 2019

Annual Holiday Luncheon Sinclair College, Bldg. 12 Thursday, December 12, 2019

Estate Planning & Probate Law Institute Sinclair College, Bldg. 12 Friday, March 13, 2020

Appellate Law Certification

Annual Diversity Day Luncheon

Friday, October 4, 2019

Sinclair College, Bldg. 12 Friday, April 3, 2020

50 Year Honoree Luncheon Sinclair College, Bldg. 12 Thursday, October 17, 2019

1st Monday in October

Annual Domestic Relations Seminar Friday, April 24, 2020

University of Dayton School of Law Monday, October 21, 2019

Law Day

Elder Law Seminar

Celebration of Life Memorial Luncheon

Sinclair College, Bldg. 12 Tuesday, October 29, 2019

Annual Bench Bar Conference Sinclair College, Bldg. 12 Friday, November 8, 2019


Friday, May 1, 2020

Sinclair College, Bldg. 12 Friday, May 22, 2020

2019-20 DBA OFFICE CLOSINGS: Labor Day Monday, September 2, 2019

Thanksgiving Thursday, November 28, 2019 Friday, November 29, 2019

Christmas Tuesday, December 24, 2019 Wednesday, December 25, 2019

New Year’s Wednesday, January 1, 2020

Martin Luther King Jr. Day Monday, January 20, 2020

Memorial Day Monday, May 25, 2020

DBA Annual Meeting - TBD

go online for registration details: www.daybar.org

Summer 2019 Dayton Bar Briefs


law-related organizations Dayton Bar Foundation

Help Build Our Foundation. T T

he Dayton Bar Foundation (DBF) is the charitable giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBF 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 (GDVLP)

- Advocates for Basic Legal Equality (ABLE)

- Life Essentials Guardianship Program

- Legal Aid of Western Ohio (LAWO)

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

- Law & Leadership Institute - Wills for Heroes

University of Dayton School of Law


Dayton Bar Briefs Summer 2019


Greater Dayton Volunteer Lawyers Project

Pro Bono Volunteer Opportunities to Serve Our Tornado Survivors By Kelly Henrici Esq. Executive Director, GDVLP


s the Executive Director of the Greater Dayton Volunteer Lawyers Project (GDVLP), I could not be more proud of our staff and volunteers, and the amazing teams at Legal Aid of Western Ohio (LAWO) and Advocates for Basic Legal Equality (ABLE). These three organizations began collaborative efforts immediately to focus on disaster relief after more than twenty tornados devastated the area the night of Memorial Day. It is amazing how members of our staffs, and the Dayton legal community members who volunteer their services pro bono, have risen to the legal challenges facing those impacted by these tornados. I hope you will share your time and talents in these efforts. Initially, LAWO, ABLE and GDVLP staffed - with their own team members supplemented by volunteer resources - a table at the Multiple Agency Resource Event organized by the American Red Cross at the Salvation Army KROC Center. The organizations’ roles were to provide legal information and to do intake to get victims into the pipeline for services going forward,


most notably for housing-related issues. We also hosted a Document Replacement and Legal Information Clinic on June 17th at Sinclair Building 12. Representatives from various agencies, such as the Social Security Administration, the Montgomery County Recorder, Montgomery County Probate Court, and others, provided at no charge replacements for critical documentation. CareSource, Community Action Partnership and other services agencies also provided information and assistance to our community’s survivors. This event was also staffed by volunteers from the Dayton legal community. Further efforts to assist in this regard are underway and volunteers are needed to maximize our impact. Now that the Dayton community has been approved for FEMA assistance, additional efforts are underway to coordinate services. We have engaged support at the national level. More information will follow soon, but we hope to train interested attorneys and paralegals, and others in the community, to provide assistance with FEMA applications

and appeals. There is also an immediate need for 1:1 representation related to insurance claims, scammers, and other things that happen in times of disaster. At the community events LAWO, ABLE and GDVLP are staffing, we are doing intake and cases are being sorted in the normal course among the agencies. Our goal is to help ensure survivors can find us when they need us. Those matters are now coming through the pipeline and we need your help providing assistance. Please email kelly@gdvlp.org if you or others you know would like to help with the document replacement efforts, FEMA efforts, or 1:1 placements for insurance claims, scammers, and other tornado-related legal needs. Together, we are #DAYTONSTRONG!

Summer 2019 Dayton Bar Briefs


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Profile for Dayton Bar Association

Dayton Bar Briefs Magazine - Summer 2019  

Dayton Bar Briefs Magazine - Summer 2019