Summer 2002: Dayton Bar Briefs Vol. 71 No. 10

SUMMER 2022

BarBriefs

The Off icial Magazine of the DBA

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DBA Board of Trustees Annual Mee

DBA Night with the Dragons

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vol.

71

SUMMER 2022

no.

10

Contents

President

Columns:

eLL*{cU**lL First Vice President

BlLcaGC*YIcc*bL Second Vice President

IbcUGL< Treasurer

aGC*YIcI*V

4

Updates to Bar Briefs Schedule

14

Take Note of Special Protections for Servicemembers

TRUSTEE'S MESSAGE

JUDGE'S DESK

Secretary

By Michael Jurek Esq. | Senior Corporate Counsel, Fuyao Glass Inc.

By The Honorable Robert Hanseman | Montgomery County Common Pleas Court

)lLT%c%*L|l Member–at–Large

Features:

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6

Member–at–Large

THE MONTH

Member–at–Large

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12

Member–at–Large

a*Y*8cSGY*&GL< Immediate Past President

, ex ocio

Bar Counsel

I*LLG9*kCT Chief E

ecuti

System Vice President & Chief Legal Officer, Premier Health

BARRISTER OF By Dave Greer Esq. | Bieser Greer & Landis LLP

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PUBLIC & MBR SERVICES

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By The Honorable Chris Epley | Second District Court of Appeals

NPiKia?OTimSv}dBvmFiLaScBKK7T}"v"KBaBda Job After Graduation

By Shawn Robinson | University of Dayton News and Communications

e Officer

Also In This Issue:

3

DBA ANNUAL PARTNERSHIP Sponsor the DBA in the new bar year!

5

2022-2023 BOARD OF TRUSTEES

7

30TH ANNUAL BENCH BAR CONFERENCE Save the Date: November 4th

11

DBA EVENTS: SEPTEMBER - NOVEMBER Register online today!

12

ON-DEMAND CLE & UNL CLE MEMBERSHIP Get the CLE you need, for one price!

13

CLE LUNCH & LEARN SERIES September-December 2022

16

ANNUAL MEETING COLLAGE & SPONSOR THANK YOU

19

LAW RELATED ORGANIZATIONS

22

CLASSIFIEDS , MEMBERS ON THE MOVE, ADVERTISER INDEX

Provide 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.

Advertising & Marketing Exposure// Partnership Recognition via: • EVENT MARKETING

• PEEK @ THE WEEK

• SIGNAGE DBA OFFICES

• ZOOM Intro DBA Programs

• DAYTON BAR BRIEFS MAGAZINE

• SOCIAL MEDIA FIRM HIGHLIGHT

• WEBSITE: www.daybar.org

• DAYTON LEGAL DIRECTORY

Event Sponsorships & Registrations// Entry to the Following DBA Events: • ANNUAL MEETING

• BENCH BAR CONFERENCE

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• HOLIDAY LUNCHEON

CLE Discounts// Discounts on all DBA CLE Courses.

• INCLUDING ON-DEMAND & SELF STUDY PROGRAMS •

FREE!

CREDIT HOURS Bench Bar Conference *Up to 8-attendees

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FREE!

CREDIT HOURS Diversity Day *Up to 8-attendees

Concierge Service// Priceless!

• DBA MEMBERSHIP SERVICES & BENEFITS Free Fastcase & Discounts on ALL DBA Courses & Events.

• SIMPLE EVENT REGISTRATIONS & SIGN UP You’re already on the list!

• CLE REGISTRATIONS Prompt reporting to Supreme Court of Ohio.

For More Details on Becoming a DBA Annual Partner Contact: JENNIFER OTCHY, DBA CEO | jotchy@daybar.org | (937) 222.1364 summer 2022 |

DAYTON Bar Briefs

3

Column

TrusteersMessage:

Updates to the Dayton Bar Briefs Schedule

By Michael J. Jurek Esq. DBA Secretary Senior Corporate Counsel, Fuyao Glass America Inc. michael.jurek@gmail.com

O

ne of the many benefits included with DBA Membership is the Dayton Bar Briefs Magazine. The premier flagship publication of the DBA, the Dayton Bar Briefs is designed to inform members about the issues and concerns of our local legal community.

Recently, the DBA has experienced some challenges and changes in the print production of our magazine. One of those larger changes has been a 35% increase in production and printing costs. In addition, we have experienced unreliable delivery and production, both due to supply chain issues and delays from USPS. There have been instances where our finished product took weeks to reach our members’ mailboxes, instead of predictable few days it took a decade beforehand.

We must now pivot in light of these challenges.

Pivoting requires not only changing the publication schedule, but also the content we feature in Bar Briefs. Starting this fall, the DBA will be moving to a bimonthly publication. The good news is that we expect each edition of Bar Briefs to have higher quality content since we will have fewer print inches to fill, which makes each article that much more important. Also, more space will be devoted to substantive articles and features. We hope to deliver more content showcasing membership highlights and insights from our Board of Trustees, Judges and the Courts, and Section/Group/Division Leaders, as well as the regular submissions we routinely receive from our members.

Furthermore, the DBA has enhanced its website and email communications, building additional digital experience. The “Peek at the Week” email (sent every Friday) will continue to serve as the primary method for communicating DBA events and CLEs in conjunction with the DBA website (daybar.org). Also, over the past year, the DBA has worked diligently to create a comprehensive editorial, content and communications calendar so as not to flood our members’ inboxes with emails. All of these digital efforts serve to efficiently spread important bar-related information and offerings to you, our valued members.

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The 2022-2023 Bar Briefs publication schedule is as follows:

Bar Brief Issue:

Content/Article Submission Deadline:

September/October 2022

August 1, 2022

November/December 2022

October 3, 2022

January/February 2023

December 1, 2022

March/April 2023

February 1, 2023

May/June 2023

April 3, 2023

July/August 2023

June 1, 2023

The digital version of Bar Briefs will continue to be available to you as a complimentary membership benefit, and the link for each edition will be sent out for each edition as soon as it is available, following the new 2022-2023 publication schedule. Also, if you are encountering issues receiving the print edition, or if you wish to opt out of printed version of Bar Briefs and only receive the digital version, please send an email to Shayla Eggleton, DBA Communications & Membership Director at: seggleton@daybar.org We invite you to be on the looking in the upcoming year for an even more enhanced digital experience on the homepage of our website, called “Bar Bytes."

In the meantime, for timely event information, we would encourage you to visit the DBA website, check your inboxes and your MyDBA Dashboard for event news and details. Everyone at the DBA will continue to work diligently to make Bar Briefs the highest quality publication it can be, and ensure it gets to you in a timely manner. We thank you in advance for your understanding.

2022-2023 DBA Board of Trustees Our Vision

We aspire to have all citizens of our community respect and understand the role of lawyers, the legal system, and the administration of justice.

Our Mission The DBA furthers the administration of justice; enhances the public’s respect for the law; and promotes excellence and collegiality in the legal profession.

Diversity Statement

The DBA supports the full and equal access to and participation by individuals in the Association, the legal profession and in the justice system regardless of race,gender, ethnicity, national origin, religion, age, sexual orientation, gender identity, or disability. We are committed to the implementation of the terms and spirit of this Statement on Diversity and Inclusion.

HonNCarolineHNGentry President

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JamaNTr King Treasurer

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BrianLNWright MembercatLarge

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AnnePNKeeton

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MerleFNWilberding

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JenniferOtchy

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summer 2022 |

DAYTON Bar Briefs

5

Feature

BaristeroftheMonth:

GKTiPWa74iEmh Premier Health Partners

H

ave you ever encountered a fellow human being who displays a perfectly balanced blend of full emotional engagement and complete critical thinking? No? Well, here is your opportunity. Geoff Walker, among other titles, is currently the System Vice President and Chief Legal Officer of Premier Health Partners.

Reporting to him is a staff of eighteen individuals, including six attorneys. He also holds officer positions in a number of related entities. How did he achieve those positions and that blend of strong and contrasting personal traits? Read on.

The story begins with an inheritance of missionary dedication.

Geoff was born in India into a family with a history of spreading the message of Christian charity and purpose in both foreign and domestic venues. Returned to the States for a boyhood in small town Indiana, he developed a work ethic through farm labor as well as - of course - enthusiasm for the art of basketball. His father was an old-fashioned doctor with a selfless dedication to the patients he served. Working hard and helping others were further ingrained in Geoff during his educational experience at Cedarville College. After his graduation he spent some time in the workaday world and then entered the University of Dayton Law School.

Geoff obtained his law degree and passed the Ohio Bar in 1986. At that moment he became an associate in the law firm of Bieser Greer & Landis where I had the pleasure of working with him until 1992 when he became an in-house attorney at Miami Valley Hospital. He had demonstrated impressive skills as a general practitioner of law, but his father’s history as a doctor magnetized him into the healthcare field. In 1997 he became the chief legal counsel for Good Samaritan Hospital which had become part of the Miami Valley/Premier Health Partners System. In 2005 he returned to Miami Valley Hospital where he has succeeded Dale Creech in his current position.

That outline of the first thirty-six years of his professional career, however, says little about his professional skills or his human personality. In a reverse reflection of one of those Tennysonian maxims which festooned the walls of the old NCR plant, everyone Geoff has met in his Odyssey of life became a part of him. We have already touched upon the influences of family, youth, and formal education. The process continued as his professional life unfolded.

Geoff has a vivid memory of one of his first experiences in the private practice of law. He had been assigned the task of drafting a motion for summary judgment in some now-forgotten legal dispute. He poured all of his skill and energy into that task and submitted the product of his labors to the firm’s trial team for review. The review began on a positive note. He was told that his writing skills were impressive, that is intellectual grasp of the problems presented was superb, that the motion he had written would probably qualify for acceptance as an essay by the New Yorker magazine. Then came the letdown.

He was informed that the word “Brief ” did not come into the law by accident. Judges are busy people who are required by their position to read endless pages of writing. The luxuriant paragraphs of William Faulkner’s 6

DAYTON Bar Briefs |

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literary style may open the gates to the mystery and meaning of life far wider than the terse prose of Crane or Hemingway. Nonetheless, busy people charged with specific tasks -- judges, for example -- need bullet points more than brilliance. It was a lesson that some of his superiors still have a tendency to honor in the breach rather than the observance, but the lesson was not lost on Geoff and became part of his legal and business writing style today. He rewrote the motion into a four-page document, and it was sustained by the court.

In the realm of business law Geoff ’s mentors were Charlie Shook and Ted Shank. He still cherishes the guidance they gave him, lessons that remain critical components of his approach to the multitude of tasks which he is required to address every day in his professional life. Charlie had a patient curiosity and refined intellect which he used to explore every angle of a problem from every conceivable perspective. He never made snap judgments, and his judgments were usually sound. Ted offered an unerring focus on every minute detail of a business transaction and on every word and its implications or ambiguities in a business document.

The lessons and examples provided by those two lawyers were taken to heart and never forgotten.

As he transitioned from the private practice of law into the field of Healthcare as an in-house lawyer and business advisor, Geoff continued to make the positive qualities of all he encountered into part of his own approach to problem-solving and interpersonal relationships. At Miami Valley Hospital he reported to Dale Creech who had come into the business world of Healthcare from the same law firm in which Geoff had served his apprenticeship. Dale had a smooth, friendly, laid-back personality which was the effective surface layer of an unusual instinctive grasp of the right result to be sought and secured in disputed matters.

Geoff reflects those traits in a warm, congenial personality and a reputa-

tion for getting things done with becoming humility.

Nobody does it alone in this tough world. Geoff has the benefit of a gifted, intelligent, patient and caring wife, Valerie, who has been at his side for over three decades. Valerie, a retired CPA, also serves as his enthusiastic partner in providing pro bono legal and accounting advice to local charities. He has the added benefit of two adult children who have prospered in their own lives and fields of endeavor. Based on my impression of DNA, I was surprised to learn that his daughter is an engineer. But, human genes are always full of surprises, and - when the surprise is a pleasant one - are cause for rejoicing. His son’s occupation is also a cause for rejoicing, but less of a surprise. He teaches history in Kosovo for an American NGO. He is fluent in the Albanian language and equally fluent in the art of playing the piano. The missionary gene is alive and well in the Walker family.

The final component in Geoff ’s life and personality, the component that ties it all together and renders it meaningful, is music. Geoff is a gifted guitarist and a compulsive collector of guitars. His taste in music is universal. He loves Celtic music and Gypsy jazz, but has equal affection for classical music, country songs, and popular music of all kinds. Like Louis Armstrong, he holds the opinion that there are only two kinds of music: good and bad. You will find him at his Baptist church every Sunday or a local charity event playing for the pleasure of God and of God’s children. But you may also find him almost anywhere human beings gather to play or to hear music. That stuff about soothing savage beasts may be nothing more than myth, but he and I agree that life without music would be fit only for savage beasts.

The field of Healthcare is a subject in today’s society of justifiable praise and of justifiable criticism. Geoff is candid about the fact that his employer is a business bound to the principle of “no margin – no mission”.

He is also candid about the fact that healthcare costs are a huge concern for citizens, individual physicians and politicians in our society. He remains adamantly committed to the proposition that the real business of his employer is to provide exemplary treatment, care, support, and love for fellow human beings, whoever and wherever they may be. It is his job to do everything he can to honor that commitment.

Wait a minute! Surely, the subject of this little article cannot be a man without some faults or failings!

Well, I apologize for the decibel level of some of my comments, but I am sorry to report that – unless modesty and humility are faults and failings – I have found none. While he is the kind of a person who might want to add a confessional appendix to an article of this nature, I would reject any such effort and offer my description of him as a role model for those who aspire to achieve success in the legal profession and in life.

By Dave Greer Esq. Bieser Greer & Landis LLP dcg@biesergreer.com

30th Anniversary

DBA Bench Bar Conference Friday, November 4, 2022 Sinclair Conference Center 2022 Co-Chairs:

The Honorable Susan D. Solle

Montgomery County Common Pleas Court

Susan Blasik-Miller Esq.

Freund, Freeze & Arnold A Legal Professional Association

Topics include:

• Mental Health Issues in Our Community Helen Jones-Kelley, Executive Director, ADAMHS

Tristyn Bell, Director of Prevention Services, ADAMHS

• Social Justice Initiative: How Attorneys Can Impact Change in Our Community • Ohio Firearms Laws and Their Relation to Mental Health

sea/es:da&basNEs/befcBbas summer 2022 |

DAYTON Bar Briefs

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Meeting Dates &Times

2022-2023 DBAScv"KBLadimB"e Administraive

Service

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Frank B. Williams III., Co-Chair

Hon. Susan D. Solle, Co-Chair Susan Blasik-Miller, Co-Chair

Pasa,ea, Thursday at 12pm

th

Vanda Morgan, Chair Dana Ryan, Co-Chair

faB U Esa@edPsacaceEfLa &FeeDa/^eAsbasaaEf John M. Ruffolo, Co-Chair

Bar Briefs Editorial Board Zach White, Chair

Diversity Issues

Advisory

3rdFsada&aN^5 Ebony Davenport, Co-Chair

BasE»a5afdQa,acaaEf/ John (Jack) R. Hilgeman, Co-Chair

Ashton Hood, Co-Chair

September 29, 2022 October 28, 2022 November 18, 2022 January 27, 2023 February 24, 2023 March 24, 2023 April 28, 2023 May 26, 2023

Pb,ac&Me5besSes·ace/ Hon. Mary Kate Huffman, Chair Hon. Christopher Epley, Chair

Harry G. Beyoglides Jr., Co-Chair

Professional Ethics Adam R. Webber, Chair Julius Carter, Co-Chair Karen D. Bradley, Chair Joe Oehlers, Co-Chair

September 17, 2022 October 15, 2022 November 19, 2022 January 21, 2023 February 18, 2023 March 18, 2023 April 22, 2023 May 20, 202

Social Justice Fsada&aN^5

th

Bonnie Beaman Rice, Chair

September 23, 2022 October 28, 2022 January 27, 2023 February 24, 2023 March 24, 2023 April 28, 2023 May 26, 2023

Substantive Appellate Court Practice

Ca·a,Tsaa,&ADR

2nd Wedfe/da&aN^5

2nde/dT a&ar:¨a5

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

8

DAYTON Bar Briefs |

summer 2022

September 14, 2022 October 12, 2022 January 11, 2023 February 8, 2023 March 8, 2023 April 12, 2023 May 10, 2023

Jeff Cox, Co-Chair Michael Sandner, Co-Chair

September 13, 2022 October 11, 2022 November 8, 2022 January 10, 2023 February 14, 2023 March 14, 2023 April 11, 2023 May 9, 2023

Join a DBA Section at any time, online: daybar.org/sections Substantive

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1st Tuesday at 12pm

Marcie Hunicutt, Co-Chair

Gretchen Treherne, Co-Chair

Misty Connors, Co-Chair

Lynn Reynolds, Co-Chair

Marc Fleischauer, Co-Chair

Sara Barry, Co-Chair

September 13, 20222 November 8, 2022 January 10, 2023 March 14, 2023 May 9, 2023

September 6, 2022 November 1, 2022 January 3, 2023 February 7, 2023 March 7, 2023 April 4, 2023 May 2, 2023

Corporate Counsel th

Thursday at 5pm

September 22, 2022 October 27, 2022 November 17, 2022 January 26, 2023 February 23, 2023 March 23, 2023 April 27, 2023 May 25, 2023

Csa5afa,La 3 Wedfe/da&aN^5 rd

E/aeP,affafTs/&PsEbae 1stWedfe/da&a^5 Edward M. Smith, Chair Kristina Rainer, Vice-Chair

Rea,PsE^es& 2nd Thursday at 12pm Shannon Costello, Co-Chair

Thaddeus Hoffmeister, Co-Chair

Shannon Martin, Co-Chair

Kyle Lennen, Co-Chair

September 21, 2022 October 19, 2022 November 16, 2022 January 18, 2023 February 15, 2023 March 15, 2023 April 19, 2023 May 17, 2023

DE5e/acRe,aaEf/

September 7, 2022 October 5, 2022 November 2, 2022 January 4, 2023 February 1, 2023 April 5, 2023 May 3, 2023

September 15, 2022 October 13, 2022 January 12, 2023 February 9, 2023 March 9, 2023 April 13, 2023 May 18, 2023

Fedesa,Psacace 3rd Tuesday at 12pm Daniel Gentry, Co-Chair Hon. Peter Silvain, Co-Chair

1stWedfe/da&aN^5

EsEe W s/qE5^ C /SEcaa,Secsa& 3rd Thursday at 12pm Michael Rake, Co-Chair Kristina Curry, Co-Chair

Kirstie Gotwald, Co-Chair Mag. Jacqueline Gaines, Co-Chair

September 7, 2022 October 5, 2022 November 2, 2022 January 4, 2023 February 1, 2023 March 1, 2023 April 5, 2023 May 3, 2023

September 20, 2022 October 18, 2022 November 15, 2022 January 17, 2023 February 21, 2023 March 21, 2023 April 18, 2023 May 16, 2023

YEfLa&es/Da·a/aEf N/Wedfe/da&aN^5 Kaylee Price, Co- Chair Jordan Jennings, Co-Chair

September 8, 2022 November 3, 2022 January 5, 2023 March 2, 2023 May 4, 2023

September 14, 2022* March 1, 2023 October 5, 2022 April 5, 2023 November 2, 2022 May 3, 2023 January 4, 2023 February 1, 2023

summer 2022 |

DAYTON Bar Briefs

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Feature

DBA Public & Member Services

By The Honorable Chris Epley, Co-Chair | Second District Court of Appeals | epleyc@mcohio.org

C

ommunity, fellowship, fun – it all happens at the DBA events throughout the year. The Public & Member Service section hosts many of the best events for the Dayton Bar Association. These events are an outstanding way to stay in touch with members of our bar association. If you are looking for a third space (mine is my road bike), considering attending these events between your home and office. Put these dates on your calendar so we can catch up: I look forward to seeing you at the bar (events).

2022-2023 DBA Public & Member Services Events: A/

Dayton Beer Company @ 4pm-6pm

Bse/aBeas Se^N8,OcNs,NE·N,FebN,MasNA^sN , s&Ma& Engineers Club Dayton

CBafces&C,bLfcBeEf OcEbes

University of Dayton School of Law @ 12pm-1pm

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Location TBA @ 7:30am-9am

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NeAd5aeRce^aEf

10

DAYTON Bar Briefs |

summer 2022

@ 11:30am-1pm

Cocos Bistro @ 4-6pm

Visit us online for more listings and to register!

October

@ Sinclair Conference Center

3

October

First Monday in October

A celebration marking the beginning of the U.S. Supreme Court's term.

@ Sinclair Conference Center

8

October

11

October

13

October

20

October

27

November

4

Wills for Heroes

Volunteer to help provide wills and other estate planning documents to military spouses and domestic partners. @ DBA Offices

Book Club

Join us for discussion of the book Incomparable Grace: JFK In the Presidency by Mark K. Updegrove. @ Sinclair Conference Center

50-Year Honoree Celebration Join us in congratulating our 2022 Honorees!

Richard A. Broock, John Mohr, Hon. Jeffrey Froelich (Ret.), Mathias Heck, Hon. Alice McCollum (Ret.) and Peter F. von Meister. @ Engineers Club Dayton

Chancery Club Luncheon

Brittany Long of ADAMHS will present 1 hr program on Mental Health. @ Location TBA

Breakfast with the Bench

A unique way to socialize with members of the Montgomery County bench and bar before you start your day!

@ Sinclair Conference Center

30th Annual Bench Bar Conference

Join us as Judge Susan Solle and Susan Blasik-Miller Esq. co-chair this years program, celebrating our thirty-year anniversary!

For registration and more information:

www.daybar.org 11

DBA Continuing Legal Education

Search our catalog today and take the CLE hours you need, on your time!

A Few On-Demand Program Offerings: Mediation Do's and Don'ts In Baseball, Some Steals are Frowned Upon Practicing Law in a Digital World

DAYBAR.ORG/ONDEMANDCLE

?$

only

!

An all-inclusive, convenient, and affordable way to experience DBA CLE!

UNLIMITED CLE MEMBERSHIP (formerly known as DBA CLE Passport) Start saving today on UNLIMITED Live, On-Demand and Self-Study CLE! Contact Kate Bertke, to purchase: kbertke@daybar.org

Available for purchase limted time only!

12

DAYTON Bar Briefs |

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DBA Continuing Legal Education

EE L L C C DDBBAA

Join us on Mondays at 11:30am this Fall & Winter for a Quick 1-1.5 Hr CLE! Boxed lunches available for purchase or feel free to bring your own!

Place your lunch order when registering.

NOVEMBER

SEPTEMBER

11/07 Business Law 101

9/12 Preparing A Case for Trial Client Case Evaluations and Setting Expectations 1.5 Gen Hrs or 1.5 NLT Hrs

Entity Formation and Governance for the Business Practitioner 1.5 Gen Hrs or 1.5 NLT Hrs

9/19 The "Write" Stuff

11/14 It's Not a "Get Out of Jail Free" Card: Navigating Ohio's Medical Marijuana Laws

Effective Writing from the Staff Attorney's Desk 1.5 Gen Hrs or 1.5 NLT Hrs

1.5 Gen Hrs

9/26 Business Immigration 101

11/21 Ran-Some, Lose-Some

1.0 Gen Hrs or 1.0 NLT Hrs

Preparing for and Surviving Against Ransomware Attacks 1.0 Gen Hr

11/28 Preparing A Case for Trial Discovery - Evolving with Technology and the Civil Rules 1.5 Gen Hrs or 1.5 NLT Hrs

OCTOBER 10/10 Preparing A Case for Trial

DECEMBER

How to Persuade a Jury from Beginning to End: Tell Your Story in Voir Dire, Opening and Closing 1.5 Gen Hrs or 1.5 NLT Hrs

12/05 Business Law 101 Contracts and Employment Law for the Business Practitioner 1.5 Gen Hrs or 1.5 NLT Hrs

10/17 Introduction to Insurance Recovery 1.0 Gen Hr

10/24 GAL Report Writing for A/N/D Cases 1.0 Gen Hr

12/12 Preparing A Case for Trial Evaluating Evidence for Purposes of Trial 1.5 Gen Hrs or 1.5 NLT Hrs

12/19 Secondary Trauma, Burnout, and Self-Care for Lawyers 1.5 Professional Conduct Hrs

937.222.7902

kbertke@daybar.org

www.daybar.org summer 2022 |

DAYTON Bar Briefs

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Column

FromtheJudgersDesk:

Take Note of Special Protections for Servicemembers

B

efore entering private practice in 2001, I was a military attorney and the protections of what was formerly called the Soldiers & Sailors Civil Relief Act were useful when representing Airmen facing legal issues.

Using the provisions of the Act our office often obtained relief from counterparties who had ignored the Act’s protections. Congress passed the law in 1940 and comprehensively overhauled it in 2003, expanding the law’s protections and changing its name to the Servicemember’s Civil Relief Act (“SCRA”).

In a community such as Dayton with a major military installation nearby there is a good chance that eventually a tenant your client hires you to evict or a defendant you pursue other claims against will turn out to be on Active Duty, or perhaps in the National Guard or Reserve, which are also covered under certain conditions. It behooves any litigator think about the Act before charging into action. Conversely, if you are retained by a servicemember or his (or her) family, you have some extra tools in your litigation kit.

The marquee aspect of the law and its predecessor versions is the rule that no Default Judgment can be granted against a servicemember who fails to make an appearance, without first appointing an attorney to represent him.

Most litigators understand that this rule applies to all civil court proceedings, but when 14

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Congress revised the law in 2003 it expanded this rule to cover all administrative agencies of the United States, of a state or within a state.

50 U.S.C. §3912 this makes the law applicable right down to local proceedings, such as a county housing agency or zoning board contemplating whether a servicemember’s house is complaint with regulations. Unlike many other protections afforded by the SCRA that a servicemember must actively assert, the restraint on default judgments requires no action by the servicemember; rather the burden is on the Plaintiff, who must file an affidavit stating whether a defendant is in military service or not, or stating whether the fact cannot be ascertained after a good faith effort to determine that status. There is really no excuse for ignorance these days as military status can usually be verified using one of several online services.

Even after a servicemember makes an appearance (perhaps through counsel), the SCRA often will compel the stay of civil, judicial and administrative proceedings for 90 days. The stay is mandatory upon the servicemember’s request, subject only to a showing that his or her ability to appear is materially affected by their job requirements and stating a date when they can appear. Often this takes the form or a letter from the servicemember attaching a copy of his Orders, or a letter from a commanding officer. With the advent of remote hear-

By The Honorable Robert G. Hanseman Montgomery County Common Pleas Court robert.hanseman@montcourt.oh.gov ings such as Zoom, it will become harder for servicemembers to assert that they are unavailable, assuming that reasonable accommodations are offered by a court or agency. Even after an attorney is appointed and assuming a matter progresses to a judgment or adverse decision, a servicemember can apply for relief from judgment within 90 days after the end of military service.

The SCRA includes multiple sections that affect preexisting contracts, some of which serve as a shield for the servicemember and others that function as a sword. Servicemembers can apply for temporary relief from almost all contractual obligations; this is narrow relief in that it only defers the obligation until 180 days after the termination of military service, it does not cancel debts. However, it is not limited to deployed personnel, but rather is available to anybody in military service. In 2021, Congress amended the Act to allow servicemembers to terminate internet, phone and cable contracts if they are on orders lasting 90 days (50 U.S.C. §3956(a)). Even before the congressional action Ohio had passed similar protections, allowing cell phone contracts to be cancelled without penalty upon a deployment (R.C. §1349.03).

Living arrangements and the necessity to change them rapidly are given special attention by the Act; servicemembers are allowed to terminate their leases not only upon receipt of

military orders, but also upon initial entry into military service, per 50 U.S.C. §3955. Landlords should take note that the obligations of any dependent who may have cosigned a lease are terminated as well. Once notice is given, the lease will terminate 30 days after the next rent payment is due. If a servicemember lessee dies while in military service, the spouse of a lessee may terminate the lease within one year of the death. Additionally, non-judicial foreclosures are generally prohibited against servicemembers not only during their period of service, but for one year following the end of their service and when considering whether to grant such an order, the court may stay the proceedings for as long as justice requires or “adjust the obligations” of the parties. Failure to obtain a court order prior to a foreclosure is a strict liability offense, but if the creditor has actual knowledge of the debtor’s military status, a fine or imprisonment is authorized.

Conversely, Lenders are prohibited from rescinding or terminating a contract for the installment purchase or lease of real property without seeking a court order. The protection attaches once the service member makes a deposit or a first payment on the obligation, per 50 U.S.C. §3952. The same rule applies to personal property including motor vehicles with an added ban on repossessions without prior judicial involvement.

Another striking feature of the SCRA is that it bars periods of military service from inclusion in computing statute of limitations period, both on behalf of or against the Servicemember. While the SCRA does not contain a time requirement for

the servicemember to exercise their rights, some courts have imposed a limit. For example, the US Court of Appeals for the 9th Circuit has held that the four-year federal catchall statute of limitations located at 28 U.S.C. §1658 applies. McGreevey v.

PHH Mortgage Corporation, 897 F.3d 1037 (9th Cir., 2018). In McGreevey, a Marine asked to have his loan refinanced after a period of active duty; his mortgage company ignored his request and foreclosed on his home; he probably had a good case, but he waited six years after the foreclosure sale to bring suit – which turned out to be too long. However, the protections of the Act can be enforced not only via private cause of action, but also Attorneys General, who are authorized to file a federal lawsuit against any person or entity who engages in a pattern or practice of violating the law, 50 U.S.C. §4041(a)(1). Though Mr. McGreeyey’s private litigation was time-barred, he had the last laugh as his case caught the attention of the U.S. Attorney’s office in Seattle, which opened an investigation into the loan servicing company and ultimately forced the company to pay $125,000 to Mr. McGreevey and the same amount to five other servicemembers who had been foreclosed on.

This article only scratches the surface of the many protections offered by the Servicemember’s Civil Relief Act. As with any modern statute, there are a host of technical requirements that are beyond the scope of this article. A careful litigator will consult the statute directly as well as review the relevant case law.

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Through a joint venture with the AEsEf,Cafcaffaa, C,e·e,afd,E,e T dE and OBaE aeS Bas A//Ecaa c tions, the DBA is helping new and renewing notaries across all of Ohio with all of their education and testing needs. Ohio Notary Services (ONS) is truly the one-stop-shop for all things notary in Ohio, including required courses, tests, and notary supplies.

NEas&LaCBecE,a/: Step 1 Obtain a formalseB aEfCsa5afa,If·e/aaaEf ‘BCIM background check Step 2 Visit NbecE5eafEBaEfEas&NcE5 , attend class virtually and pass the test (if required.)

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The Dayton Bar Foundation (DBF) is a 501 (c)(3) charitable organization and serves as the 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:

• Advocates for Basic Legal Equality (ABLE) • Catholic Social Services of the Miami Valley • Greater Dayton Volunteer Lawyers Project (GDVLP) • Law & Leadership Institute • Legal Aid of Western Ohio (LAWO) • Life Essentials Guardianship Program • Miami University Pre-Law Center • Wills for Heroes A,,af/asee,aab,eEs f cBasaab,edecaEf/Ef&Esfedsa,afcE5ea»sesf&E af ae5a@edecaEf/N = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = =

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New Program Offers Students Free Law School Tuition and a Job After Graduation First students chosen for Flyer Legal Pathways Program that provides full law school tuition, $15,000 yearly stipend, job after graduation

By Shawn Robinson, University of Dayton News and Communications

T

he University of Dayton School of Law and Dayton law firms Thompson Hine and Taft have selected the first students for their Flyer Legal Pathways Program. The program is a new approach to improving diversity in the legal profession by recruiting future lawyers from underrepresented groups before they even enter law school.

Jessica Gassett and Lizzy Dobbins have earned full law school tuition, a $15,000 stipend for living expenses, mentors and summer clerkships, plus job opportunities at their sponsoring firm following graduation. They will start law school this fall.

"Rather than wait for diverse talent to apply to law school and then later to elite law firms, the Flyer Legal Pathways Program proactively seeks and recruits academically talented college seniors with the capacity to excel in the legal profession," said Andrew Strauss, UD School of Law dean.

Gassett, a Howard University graduate from Cincinnati, will be the Thompson Hine Legal Scholar. Gassett, who works as a legislative aide to Ohio Rep. Willis Blackshear Jr., said it has been her dream to go to law school since high school.

"This is a fantastic opportunity to go to law school, and not only learn the law but be mentored by people advanced in their career," she said.

Gassett also has worked for Sotheby's in New York City; and has been a legal intern for MTV, Duke Energy and the Ohio Justice and Policy Center.

“Jessica has all the qualities you hope for in an aspiring attorney — intelligence, enthusiasm, ambition, natural curiosity, drive and, probably most importantly, passion,” said Christine Haaker, Dayton office 20

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summer 2022

Photographed from left to right: Dean Andy Strauss, Jessica Gassett, Christine Haaker Esq., Lizzy Dobbins and Glen McMurry Esq.

partner-in-charge for Thompson Hine.

“Thompson Hine and Jessica have such an incredible opportunity with this program to forge long-term relationships, with mentorship and legal experiences starting well before her first class and continuing throughout her law school journey. Jessica already has been eagerly soaking in every moment.”

Dobbins, a Hanover College graduate from Cincinnati, will be the Taft legal scholar. She is a student recruiting coordinator for the law firm of Frost Brown Todd.

"It's really great to be part of the legal community and to get to know some people at Taft before even stepping foot in law school," Dobbins said. "It's just been really great to meet mentors and have people giving me advice."

She also has worked as operations manager for Heartfelt Tidbits, a nonprofit supporting

refugees and immigrants living in southwest Ohio; and as a legal intern at Cincinnati Children's Hospital Medical Center and the law firm of Gerhardstein and Branch.

“It’s been such a pleasure getting to know Lizzy. She is an incredibly talented, driven and inspiring young woman, and we are honored to welcome her as one of the first Flyer Legal Pathways scholars. She already has impressed us with her exceptional experience, legal background, and her heart for giving to the community. Taft is very excited to continue working with her, providing experience and mentorship as we help guide her into the legal profession,” said Jennifer Hann Harrison, Taft Dayton partner-in-charge.

Any firms interested in being a partner of the Flyer Legal Pathways Program can contact Katie Wright, visiting assistant professor of

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lawyering skills, at wrightk7@udayton.edu.

The University of Dayton School of Law is committed to admitting people from diverse backgrounds and experiences. The School of Law was named one of the best law schools for African Americans in the winter 2020 issue of National Jurist’s preLaw magazine. A third of the school's 2021 entering class were students from underrepresented and underserved populations. Students can participate in the Summer Diversity Clerkship Program, Minority Summer Externship Program, the Black Law Students Association, the Asian and Pacific Islander Law Student Association, and the Hispanic Law Student Association, to name a few.

The School of Law has been riding a recent wave of success, posting improvements in selectivity, median Law School Admission Test scores and GPAs of incoming students, and job placement.

The School of Law attracted more applicants and more academically accomplished students by offering flexibility with additional options like an online hybrid J.D. program, 3+2 programs for faster completion of bachelor's and law degrees, and a Leadership Honors Program featuring full tuition scholarships, custom-designed leadership training, and mentoring by prominent judges and lawyers.

Once here, all law students participate in a curriculum and support system geared toward passing the bar exam, plus programs that allow students to immerse themselves in specific areas of the law like the school's Program in Law and Technology and collaboratives with UD's Human Rights Center and Hanley Sustainability Institute.

To apply to the University of Dayton School of Law, visit https://udayton.edu/law/admissions/ apply.php. For more information on the program, email Katie Wright, visiting assistant professor of lawyering skills, at wrightk7@udayton.edu.

OCLRE SAVE THE DATE:

2023 OHIO DISTRICT MOCK TRIAL JANUARY 27, 2023

HERBERT M. EIKENBARY

Trust

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 $4,000 are also available.

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

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DBA Members on the Move

The shareholders of Coolidge Wall Co., L.P.A. are pleased to announce that Dafae,JNGefs& has been elected as the firm’s new President and CEO. He succeeds J. Stephen Herbert who served in that role for more than 27 years. Gentry, a long-time member of the firm’s Executive Committee, practices in Coolidge’s Litigation Department and has been with the firm for almost 17 years. His practice focuses on business and employment litigation and dispute resolution. “I am honored to be elected and excited for this opportunity to lead Coolidge Wall, Steve’s shoes are big ones to fill. He served as President longer than anyone since the firm’s inception in 1853.

We all owe him our thanks for his skillful leadership and unwavering dedication. I look forward to picking up the torch and working with my fellow shareholders to tackle the challenges and opportunities that lie ahead.”

Coolidge Wall is also proud to announce that Da·adRNMc c Nee,& has joined the firm as an associate in the firm’s Tax and Estate Planning and Corporate Departments. He focuses his practice on tax structuring and planning as well as mergers and acquisitions. David’s estate planning practice includes the preparation and administration of estates. Prior to joining Coolidge, David worked for a national accounting firm in the Washington, D.C. metro area practicing in state and local tax. He assisted clients with multi-state compliance matters, including managing local tax audits and drafting successful state private letter rulings.

Members on the Move Guidelines:

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 & political announcements not accepted • Printed at no cost • Must be submitted via email and are subject to editing • Printed as space is available CKBvacvSBa7avKm}b?"vK}iaBBK}Bc?BvKiad

seggleton@daybar.org | 937.222.7902 22

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summer 2022

Faruki PLL is pleased to welcome its new Executive Director, JEafGes5aff . Joan has extensive experience in operations and personnel management, and she will lead the firm's non-attorney support staff while overseeing technology, HR, finance, marketing, operations, and facilities functions for the firm."I believe that I have found a home here at Faruki PLL," Joan said. "Attorneys and staff have been so warm and welcoming. Faruki PLL is an outstanding firm with a storied history and an impressive record of success. I look forward to working with the team to help continue to build upon the firm's long history of success. I’m ready to start my next chapter."

2022 Dayton Legal Directory Address Correction: Ca,,5MEssa/E/gN U.S. District Court, Southern District of Ohio Walter H. Rice Federal Building and U.S.Courthouse 200 W. Second St. Dayton, OH 45402-1474 (937) 512-1601| callum_morris@ohsd.uscourts.gov

DISPLAYADINDEX: Daily Court Reporter.........................23 eikenbary trust....................................21 Ferneding Insurance..........................10 LCNB Bank....................................................15 NFP/Rogers McNay...............................21 OBLIC.........................................back cover R.L. Emmons & Associates................15

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2022 Dayton Legal Directory Photo Correction: Jeffse&JNWsefE/gN Craig T. Matthews & Associates, LPA 320 Regency Ridge Dr. Centerville, OH 45459-4251 (937) 434-9393 | jwren@ctmlaw.com

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• Bar Brief Classified Advertisements are accepted Sept/Oct through July/Aug. • The DBA Editorial Board reserves the right to refuse any ad.

EXPERIENCED CIVIL/BUSINESS LITIGATION ATTORNEY NEEDED.

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.

GREAT OPPORTUNITY TO BUILD YOUR OWN PRACTICE! Seasoned practitioner seeks one or two lawyers to share complete downtown Dayton office suite.

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LOCAL COURT RULES

2022

Dayton Municipal Court has proposed changes to the Local Court Rules.

Please visit Dayton Municipal Court: daytonmunicipalcourt.org for notice of and an opportunity to view and comment on proposed local court rules.

MEDIATION/ARBITRATION

Dennis J. Langer Retired Common Pleas Judge (937) 367-4776 | LangerMediation.com

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