April 2017 small file by Dayton Bar Association

The Magazine of the Dayton Bar Association |APRIL 2017 | Vol. 66, No. 8

Dayton

Bar Briefs

Crisis Communications & Management for Lawyers & Their Clients Thursday, May 18, 2017 9:00-11:00am

*Featuring Bruce Hennes

details inside on pg 22

Hennes Communications

Barrister of the Month The Honorable Christopher J. Roberts pg 4

young lawyers division "Artificial Intelligence in Legal Profession" pg 20

thurgood

Brought to You By The DBA, Human Race Theater and UDSL pg 26

Dayton

Bar Briefs

CONTENTS

April 2017 | Vol. 66, No. 8

Dayton Bar Association Board of Trustees 2016 – 2017

Susan D. Solle President

Brian L. Wildermuth First Vice President

David P. Pierce

Second Vice President

Barbara J. Doseck Secretary

Jonathon L. Beck Treasurer

Lynnette Dinkler Member–at–Large

Angelina N. Jackson Member–at–Large

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

Merle F. Wilberding Member–at–Large

Kermit F. Lowery

Immediate Past President

John M. Ruffolo, ex officio Bar Counsel

William B. Wheeler, ex officio Executive Director

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

Dayton Bar Briefs April 2017

FEATURES 3 TRUSTEE’S MESSAGE The Dayton VA Center Celebrates its 150th Anniversary By Merle F. Wilberding Esq. 4

BARRISTER OF THE MONTH: THE HONORABLE CHRISTOPHER J. ROBERTS

By Kristina E. Curry Esq.

CIVIL TRIAL PRACTICE & ADR

Rule in Officer Involved High Speed Chases

Argabrite v. Neer: The Ohio Supreme Court Says Goodbye to the No-Proximate-Cause

By Lauren K. Epperley Esq.

ENVIRONMENTAL LAW

By Nathan C. Hunt Esq.

The More Things Change, The More They Stay the Same

YOUNG LAWYERS DIVISION Artificial Intelligence in the Legal Profession

By David T. Laton Esq.

FROM THE JUDGES DESK Declining Civil Case Filings: The Evolving Role of the Court as a Public Service Agency

By Hon. Gregory F. Singer

DEPARTMENTS 16 CONTINUING LEGAL EDUCATION 39

CLASSIFIEDS & MARKETPLACE

UPCOMING EVENTS 7 2017 CELEBRATION OF LIFE MEMORIAL LUNCHEON Tues. May 9 | Sinclair College, Bldg 12 | 11:30-1:00pm 8 2017 DIVERSITY DAY Fri. April 7 | Sinclair College, Bldg 12 | 8:30-11:45am Seminar & 12:00pm Luncheon 15 LIBERTY BELL AWARDS + MAY CHANCERY CLUB LUNCHEON Fri. May 12 | The Old Courthouse | Doors open at 11:30am 21 2017 DOMESTIC RELATIONS SEMINAR

Fri. April 21 | Sinclair College, Bldg 12 | 9:00-4:15pm

CRISIS COMMUNICATIONS & MANAGEMENT FOR LAWYERS

*Special Guest Speaker: Bruce Hennes, Hennes Communications Thurs. May 18 | 9:00-11:00am

Wed. May 3 | The Human Race Theater | 5:30-8:30pm

26 THURGOOD *Presented by the DBA,The Human Race Theater and University of Dayton School of Law 31

2017 PARALEGAL DAY CELEBRATION Wed. April 12, 2017 | Sinclair College, Bldg 7 Tartan Marketplace | 11:30-1:00pm

937.222.7902

TRUSTEEâ&#x20AC;&#x2122;S MESSAGE

By Merle F. Wilberding Esq. Member-at-Large Coolidge Wall Co., LPA

his year marks the 150th anniversary of the Dayton VA Medical Center. The center is located at 4100 W. Third Street, adjacent to the National Military Cemetery. Now known as a modern medical facility the VA Medical Center serves the veterans of our community with the care they deserve. But the origins of this VA center go back to Abraham Lincoln, the Civil War and even to the Dayton legal community. As the Civil War was slowly winding down, Abraham Lincoln recognized that America needed to take care of the casualties of war. By the end of the war, over 600,000 died, almost 500,000 were wounded, and another 400,000 were captured or had gone missing. Shortly before he was assassinated, Lincoln authorized the first small asylum for injured Union soldiers. Congress followed up and created the National Home for Disabled Volunteer Soldiers and appointed a thirteen-person Board of Managers to construct three soldiers' homes across the United States. The Board of Managers consisted of the President of the United States, the Chief Justice of the Supreme Court and the Secretary of War, along with five military generals and five civilians, one of whom was Lewis Gunckel of Dayton, Ohio. Gunckel was a well-known and well-connected young lawyer from Dayton, Ohio, who got his start in 1853 as the founder of Gunckel & Strong, a law firm that continues in the present day as Coolidge Wall, Co. LPA. He was chair of the host committee when Abraham Lincoln spoke at the Dayton Courthouse on September 17, 1859. He was an Ohio senator and a United States Congressman, as well as an official elector for Abraham Lincoln in 1864 when he was re-elected president, but he is most often regarded as the father of the Dayton Soldiersâ&#x20AC;&#x2122; Home. As the elected Secretary of the Board of Managers, Gunckel successfully argued that the rich and fertile Miami Valley was an excellent location for one of these soldier homes, a home that became the Central Branch and the national headquarters of the National Home for Disabled Volunteer Soldiers. Gunckel personally raised $20,000 from the citizens of Dayton to help buy 500 acres in 1867. The site was ideal. It was served by two railroads, and it soon became a residential complex www.daybar.org

Celebrates

The Dayton VA Center

its 150th Anniversary for 4,000 to 5,000 disabled soldiers, and had the full gamut of facilities, including living quarters, health care facilities, a chapel, a library, workshops and entertainment buildings. Gunckel was very proud of the new Dayton facility. Over the years Gunckel brought many national leaders to see the facility, including such luminaries as General William Sherman, President Ulysses S. Grant and, of course, local Dayton hero and Civil War hero, Major General Thomas Wood. (General Wood was also the grandfather of Pete Wood, a member of Coolidge Wall when it was known as Coolidge, Wall & Wood.) Over the years, of course, its character and mission changed as the Civil War veterans passed on and they were replaced by veterans of subsequent wars. In 1930 the National Honor for Disabled Volunteer Soldiers merged into the newly created Veterans Administration and the Dayton facility soon became known as the Dayton VA Medical Center. Under the management and direction of the Veterans Administration the mission of the Dayton VA Medical Center has grown and its facilities have expanded. In recent years, the VA has made a conscientious effort to celebrate its Civil War heritage through substantial renovation and refurbishment. It recently dedicated its major landscaping project in the lake-side park area adjoining its famous grotto. This project has been supported by a massive volunteer project led by the Ohio State Master Gardeners. Last August the American Veterans Heritage Center, along with Judge Walter and Bonnie Rice, hosted America's Garden Party there. It was an opportunity to look back at the historic culture and trappings of Dayton after the Civil War. I would encourage all members of the Dayton Bar Association to visit the Dayton VA Medical Center and enjoy the history and culture that comes with it. You may even try to schedule a picnic or firm gathering at its lake-side park by the grotto and help celebrate our history. April 2017 Dayton Bar Briefs

BARRISTER OF THE MONTH

The Honorable Christopher J. Roberts T T

he Honorable Christopher D. Roberts is a Dayton, Ohio Municipal Court Judge and the Dayton Bar Association’s Barrister of the Month for April 2017. Chris is a lifelong resident of Dayton, attending Dayton Public Schools and Chaminade Julienne High School. Chris was headed to the University of Dayton to pursue athletics and engineering studies, but his plans changed when he broke his leg during his senior year playing baseball. Chris spent a quarter at Wright State University but decided to go in a different direction. With no plans of ever becoming an attorney, at first, he began working as a court runner for Flanagan, Liberman, Huffman & Swann in 1989. Through his work there Chris became interested in the law and earned his Associate’s degree in Paralegal Studies at Sinclair College transferring to University of Dayton, working throughout his undergraduate years. At that point, Chris earned his bachelor’s degree in Political Science from the University of Dayton and decided to go to law school at UD as well. Chris started his career as a lawyer working again at Flanagan, pursuing work in collections for the Attorney General’s office as well as criminal appointments, juvenile and divorce work. Chris left Flanagan in 2003 to pursue a general practice in shared office space with Chet and Chuck Slicer. In 2005, Chris was asked to apply for a Magistrate position with the Dayton Municipal Court. Chris became a Magistrate with the Court after Judge Grady was elected as a Judge and the Magistrate position became vacant. In 2010, Chris was appointed to fill Judge Grady’s seat and was then re-elected the following year. Chris enjoys woodworking, OSU Football, and going to a lake house in TN a “couple times a year.” He also has a black, 1.5 year-old female boxer dog named Sophie that Chris has raised from a puppy, as many in the courthouse will remember. Chris admits that Sophie is a “spoiled dog” who doesn’t like to go out in the rain. As a Judge for the Dayton Municipal Court, Chris enjoys his work for the Court and the work that he is doing for the Dayton community. Chris is involved in the Montgomery County Community Overdose Action Team, which combats the problem of rising deaths from drug overdose in our community. Chris says that along with the heroin epidemic, we are now seeing the drug Fentanyl taking over. Fentanyl is a drug that is stronger than heroin and potentially more deadly than heroin. Chris says that the majority of cases he sees are drug issue cases or issues surrounding drug issues such as prostitution and theft. One of Chris’s responsibilities in his role is to oversee court security policies and to introduce new plans and procedures. Chris is on the Court Technology Committee of the Ohio Judicial Conference and is always interested in updating courtroom technology, welcoming any suggestions from the legal community regarding technology and/or anything that attorneys have found useful in any of the courts that they practice in. Chris is pragmatic in his approach and respectful of parties and attorney schedules, stating that it is important “to start on time or be punctual; because everybody has a place to be.” Chris says that he is always “Trying to make our court more user-friendly” and is “always open to comments, recommendations, and requests.”

Dayton Bar Briefs April 2017

By Kristina E. Curry Esq. DBA Editorial Board Pickrel Schaeffer & Ebeling Co., LPA

937.222.7902

FASTCASE

Fastcase 7 Legal Research Available to DBA Members S

oon, the Dayton Bar Association will bring you Fastcase 7, the all-new version of Fastcase. Many members already access Fastcase for their legal research and are familiar with the features and smart search tools that help you find the results you’re searching for faster. Fastcase 7 is an even more fluid and easy-to-navigate online legal research library. It has all of the familiar features and tools, plus an enhanced Forecite, Tag Cloud, Authority Check and Bad Law Bot, more advanced search options, new results screen options, larger fonts and selections to make documents easier to read on computer screens, and new dual-column printing options. You choose when to use Fastcase 7. When Fastcase 7 becomes available in a few weeks, you’ll see a slider in the top right corner of your screen that allows you to toggle back and forth between Fastcase 7 and the classic Fastcase service.

COMING SOON...

NEW FASTCASE 7

download the app

FREE WEBINARS! GET STARTED

www.daybar.org Use your DBA login and password to access Fastcase provides free live training webinars so that you can learn how to use Fastcase right from the comfort of your own computer. View Upcoming Webinar offerings below. Introduction to Legal Research on Fastcase Thu. Apr 6 1:00 - 2:00pm EDT Thu. May 4 1:00 - 2:00pm EDT Thu. Jun 1 1:00 - 2:00pm EDT

Introduction to Boolean (Keyword) Searches Thu. Apr 20 1:00 - 2:00pm EDT Thu. May 18 1:00 - 2:00pm EDT Thu. Jun 15 1:00 - 2:00pm EDT

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

Advanced Legal Research on Fastcase Thu. Apr 13 1:00 - 2:00pm EDT Thu. May 11 1:00 - 2:00pm EDT Thu. Jun 8 1:00 - 2:00pm EDT

www.daybar.org

April 2017 Dayton Bar Briefs

CIVIL TRIAL PRACTICE & ADR

Argabrite v. Neer:

The Ohio Supreme Court Says Goodbye to the No-Proximate-Cause Rule in Officer-Involved High Speed Chases By Lauren K. Epperley Esq. Chair: Civil Trial Practice & ADR Committee Subsashi Wildermuth Facts: In July of 2011, Plaintiff Pamela Agrabrite was injured in a motor vehicle accident. The accident occurred when officers from the Miami Township Police Department and Montgomery County Sheriff’s office engaged in a high speed chase of a suspect named Andrew Barnhart. The chase ended only when Barnhart’s vehicle struck Agrabrite’s vehicle head-on – killing Barnhart and seriously injuring Agrabrite. Plaintiff Agrabrite filed a negligence action against the officers.i

Trial Court Disposition: The officers moved for summary judgment on two grounds: 1) The officers claimed that their actions were not the proximate cause of Plaintiff ’s injuries, because their conduct was not extreme or outrageous. In support of their argument, the officers cited Whitfield v. Dayton, 167 Ohio App. 3d 172, 2006-Ohio-2917, 854 N.E.2d 532 (2d Dist.). In that case, the Second Appellate District applied the no-proximate-cause rule, which provides that “when police officers pursue a fleeing violator who injures a third party, the officers’ pursuit is not the proximate cause of the injuries unless their conduct was outrageous or extreme.”ii 2) The officers further claimed that they were entitled to immunity as employees of political subdivisions under R.C. 2744.03(A)(6)(b), which provides that an employee of a political subdivision is immune unless the employee’s acts were “with malicious purpose, in bad faith, or in a wanton or reckless manner.”iii Visiting Judge Brogan, formerly of the Second District Court of Appeals, presided over the case at the trial court level and relied on the Whitfield decision in granting summary judgment. Judge Brogan concluded that the officers’ actions were not the proximate cause of the accident, because no reasonable juror could conclude that the officers engaged in extreme or outrageous conduct.iv

Appellate Court Opinions: In an opinion written by Judge Hall, with Judge Welbaum concurring, the Second Appellate District affirmed – again relying on the no proximate-cause-rule set forth in Whitfield.v Judge Froelich dissented, arguing that the Whitfield decision was wrongly decided. He asserted that the focus on extreme and outrageous conduct in Whitfield “is contrary to traditional notions of proximate cause, which focus on the foreseeability of the consequence, not on the wrongfulness of the conduct that produces the result.”vi Supreme Court Opinions: Justice French’s opinion, with Chief Justice O’Connor and Justices O’Donnell and Lanzinger concurring: Justice French found that extreme or outrageous conduct connotes a higher standard of culpability than reckless or wanton conduct. Thus, Justice French determined that the no-proximate-cause rule improperly extends immunity to a police officer who acts wantonly or recklessly (and who is not entitled to immunity under R.C. 2744.03(A) (6)(b)) but not in an extreme or outrageous manner. Justice French rejected continued use of the no-proximate-cause rule in favor of the standard set forth in R.C. 2744.03(A)(6)(b). She concluded that “[i]f the General Assembly wants to expand the limits of the immunity that applies to police officers who pursue fleeing suspects, it may create a new standard via statute, but the courts may not.”vii Nevertheless, Justice French still affirmed the decision of the trial court, because there was no evidence that the officers acted with a malicious purpose, in bad faith or in a wanton or reckless manner. She found that the danger of a high-speed chase alone is not enough to present a genuine issue of material fact concerning whether an officer has acted with a malicious purpose, in bad faith or in a wanton or reckless manner.viii continued on page 9 ENDNOTES:

Argabrite v. Neer, Case No. 2015-0348, 2016-Ohio-8374, ¶ 2. Id. at ¶ 3-4. iii Id. at ¶ 3 & 7. iv Id. at ¶ 4. v Id. at ¶ 5. vi Agrabrite v. Neer, 2015-Ohio-125, 26 N.E.3d 879, ¶ 31 & 34 (2d Dist.) (Froelich, J., dissenting) vii Argabrite v. Neer, Case No. 2015-0348, 2016-Ohio-8374, ¶ 12. viii Id. at ¶ 16-17. i

Dayton Bar Briefs April 2017

937.222.7902

DBA EVENTS

Celebration of Life Memorial Luncheon â&#x20AC;¢ Tuesday, May 9, 2017 To:

DAYTON BAR ASSOCIATION 600 Performance Place 109 N. Main St. Dayton OH 45402-1129

Please reserve _____ place(s) at $30.00 each.............. Total $______ Table (8)______at $240.00............................................ Total $______ -Please enclose a list of those attending-

Phone: 937.222.7902 Fax: 937.222.1308 NAME

Check # Enclosed: Charge my: VISA

AmEx

(circle one)

Discover

Exp

(mo/yr)

ADDRESS

Signature PHONE www.daybar.org

(as shown on credit card)

April 2017 Dayton Bar Briefs

DBA EVENTS

Dayton Bar Briefs April 2017

937.222.7902

CIVIL TRIAL PRACTICE: Agabrite v. Neer continued from page 6 Justice Lanzinger concurs, with an opinion: Justice Lanzinger emphasized in her short, two paragraph concurring opinion that courts need not focus precisely on whether the conduct was wanton, reckless, extreme, or outrageous but merely on whether it was more than negligent. Justice Lanzinger concluded that the officers were protected by governmental immunity, because they were, at most, negligent.ix

DBA Lawyer Referral Service Your Partner in Client Development

Justice Kennedy concurs in judgment only, with an opinion: In a lengthy opinion, Justice Kennedy advocated for continued use of the no-proximate-cause rule. He asserted that the “majority blurs the distinction between the affirmative defense of sovereign immunity and the separate and independent tort element of causation.”x Further, Justice Kennedy noted that the no-proximatecause rule was first applied by the Ninth District in Lewis v. Bland, 75 Ohio App. 3d 453, 599 N.E.2d 814 (9th Dist. 1991), and subsequently adopted and applied in half of Ohio’s appellate districts. He observed that the Ohio General Assembly has amended R.C. Chapter 2744 on numerous occasions since 1991 and has yet to enact any legislation restricting the no-proximate-cause rule.xii Justice Pfeifer concurs in part and dissents in part, with an opinion joined by Justice O’Neill & Justice O’Neill concurs in part and dissents in part, with an opinion: Justices Pfeifer and O’Neill wrote separate opinions rejecting use of the no-proximate-cause rule in favor of the standard set out in R.C. 2744.03(A)(6)(b). Nonetheless, both justices argued that the case should be remanded to the trial court with instructions to apply the standard set forth in the statute.xiii ENDNOTES: Id. at ¶ 33-34. Id. at ¶ 35. Id. at ¶ 42 & FN 1. xii Id. at ¶ 56. xiii Id. at ¶ 74-84.

Want to Refer a Caller to LRS? Have them call

937.222.6102

ix x

www.daybar.org

If you have any questions on the Referral Service operation, please contact Chris Albrektson at the DBA, 937.222.7902. April 2017 Dayton Bar Briefs

ENVIRONMENTAL LAW

The More Things Change, The More They Stay The Same By Nathan C. Hunt Esq. Chair: Environmental Law Committee Thompson Hine LLP

W W

ith a new presidential administration comes talk of major changes to environmental policy and regulations. At the top of President Trump’s environmental to-do list is elimination of the prior administration’s controversial Clean Power Plan, regulations that will lower carbon dioxide emissions from existing power plants in an effort to slow climate change, but may significantly raise consumers’ utility bills in the process. The national debate associated with changes to major initiatives such as the Clean Power Plan will be long, loud and fierce. Lost in the hubbub, however, is that most longstanding environmental regulatory programs will remain intact and unchanged by the Trump administration. These programs, which are typically implemented at the state-level, have the greatest day-to-day impact on most businesses and, despite their longevity, certain of the programs are unknown to many companies in the regulated community. Two often overlooked programs are Ohio EPA’s hazardous chemical inventory reporting rules and the agency’s permit-by-rule requirements for air pollutants that are emitted by emergency electricity generators that are used by many businesses.

Hazardous Chemical Inventory Reporting

Passed by Congress in 1986 and adopted by Ohio in 1988, the Emergency Planning and Community Right-to-Know Act requires certain businesses to annually report to Ohio emergency authorities and local fire departments the amounts, types and onsite locations of the hazardous and “extremely” hazardous chemicals at their facilities. Commonly referred to as Tier II reporting, this program applies to facilities that (1) are subject to the OSHA Hazardous Communications Standard; and (2) at any point during the year, use, produce and/ 10

Dayton Bar Briefs April 2017

or store a hazardous or extremely hazardous chemical in excess of a threshold quantity (10,000 pounds for hazardous chemicals and 500 pounds for most extremely hazardous chemicals). Many businesses, particularly those outside of the manufacturing sector who do not use large volumes of chemicals in their operations, may assume they are not subject to Tier II reporting when confronted with the threshold quantity of 10,000 pounds for hazardous chemicals. However, often overlooked are the lead and sulfuric acid in the batteries that power commonly used industrial equipment, such as forklifts. Lead is classified as a hazardous chemical with a threshold quantity of 10,000 pounds, whereas sulfuric acid is an extremely hazardous chemical and, therefore, has a lower threshold quantity of 500 pounds. The amounts of acid in just a few lead-acid batteries located onsite at a facility are typically enough to exceed the threshold quantity for sulfuric acid, and sometimes lead, depending on the size of the batteries. In other instances, one lead-acid battery combined with other, unrelated uses of small amounts of sulfuric acid is enough to exceed the threshold quantity and trigger Tier II reporting. Fines for noncompliance can be substantial, even in cases involving small numbers of lead-acid batteries. For example, a fine exceeding $90,000 was proposed by U.S. EPA in an enforcement case involving a company’s failure submit Tier II reports for a period of five years regarding the lead and sulfuric acid in three lead-acid batteries at one of the company’s facilities. U.S. EPA eventually agreed to a lower fine, but the savings was more than made up for by the company’s legal and administrative costs associated with the enforcement action. In short, businesses that use any type

of battery-powered industrial equipment who currently do not submit Tier II reports should evaluate whether their operations trigger a reporting duty. See Ohio EPA’s Facility Reporting Compliance Manual at http://epa.ohio.gov/Portals/27/serc/SERC_ Manual.pdf for more information regarding Tier II and related reporting requirements.

Emergency Electricity Generators

Large numbers of businesses have invested in emergency electricity generators to ensure their operations are not interrupted by power disruptions. Manufacturing facilities, grocery stores, restaurants and retail establishments – essentially any business that needs electricity to keep their doors open and lights on during a power outage – may have one or more emergency generators at their disposal. Nonetheless, despite their widespread use, many companies are not aware that certain types of emergency generators are regulated sources of air pollution that cannot lawfully operate without a permit from Ohio EPA. In Ohio, emergency electricity generators greater than 50 horsepower that are used less than 500 hours per year are eligible for coverage under Ohio EPA’s permit-by-rule for small sources of air pollution. Unlike formal air permits to install and operate that are issued by Ohio EPA, permit-by-rule coverage does not expire, the agency’s processing time is much shorter and there are no permit fees. Moreover, all the requirements for permit-by-rule air pollution sources are conveniently located in one place in the Ohio Administrative Rule.

continued on page 12

937.222.7902

DBA COMMITTEES

Committee Involvement is Open to All Members of the Bar! Why not join a DBA Committee today? w GROW outside of monthly meetings, DBA Committees provide opportunities for leadership, volunteering and special events.

www.daybar.org

Easy to CONNECT with colleagues.

LEARN as we keep you current on latest issues & trends impacting areas of law you care about most.

Over 30+ committees divided into Substantive, Administrative and Service categories. Contact Carol for Committee details: cblevins@daybar.org | 937.222.7902

April 2017 Dayton Bar Briefs

ENVIRONMENTAL LAW: The More Things Change, The More They Stay the Same continued from page 10 Permit-by-rule coverage is obtained by submitting a simple, one-page notification form to Ohio EPA. The agency then issues a unique ten-digit facility identification number to the location seeking coverage. Thereafter, the permittee must maintain basic records concerning operation of their covered emergency generators, such as number of hours operated, types and amounts of fuel used and testing records. Reporting to Ohio EPA is required in the event the permit-by-rule qualifying criteria are exceeded. A permittee whose emergency generators no longer meet the qualifying criterial must obtain a formal air permit to install and operate from Ohio EPA. See Ohio EPAâ&#x20AC;&#x2122;s permit-by-rule website at http://epa.ohio. gov/dapc/pbr/permitbyrule.aspx for more information.

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

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

Dayton Bar Briefs April 2017

937.222.7902

when clients & colleagues come looking...

where will you be found?

does the dba have your most recent contact info? contact information

Information update forms were sent to you weeks ago - Have you advised us of any changes? The Directory includes: Name, Photo, Firm/Office, Address, Phone, Fax, Email Address and Supreme Court Number for all Judges, Magistrates and Attorneys, Paralegals and Legal Administrators in our database.

enhance your firm profile

Make your FIRM PROFILE even more meaningful by ENHANCING your listing. Add an optional profile of your firm, attorney/staff roster and website. The Directory includes a basic listing for all local firms in our database at no charge. You can provide directory readers with specifics regarding your firm’s areas of expertise at a fraction of the cost of a mere telephone book listing!

2017 DBA Pictorial Legal Directory Almost Complete!

The Miami Valley’s most comprehensive listing of local legal professionals will soon be in the production process!

Form Submittal deadline Extended to Mon. April 10, 2017

fields of practice

2016 l oria Pict rg bar.o

.day www 2 •

0 22.79

937.2 ry • ecto

l Dir

Lega

www.daybar.org

n iatio

Don’t miss out on the opportunity to advertise in the “Go-To- Resource Guide” for the Dayton legal community! We have amazing advertising rates available and you will benefit from our newest feature offered to Directory advertisers at no additional cost. Along with being printed in the Directory each advertiser will also be listed on our website at www.daybar.org in the Attorney Resource Directory! Contact Shayla today for more information at: publications@daybar.org or 937.222.7902.

soc

advertising opportunities

2016

r As

Do we have a recent photo on file for you? Submit a digital photo to publications@daybar.org, along with your name and firm. The photo must have a resolution of 300 dpi and dimensions of at least 2.0” square OR you may mail a walletsized photo to the DBA.

Ba ton

send us your photo

l Lega l a i y or Pict ectol r n fe o r a p ssio g le r e i th f o D aising the bar R

Day

Designed to identify attorneys who practice in particular fields of law, and other special designations. Select from 190 different FIELDS OF PRACTICE to identify your experience and expertise.

Photo of 2016 DBA LD Cover

April 2017 Dayton Bar Briefs

The DBA wishes to thank the Eichelberger Foundation for their generosity in sponsoring these luncheons.

THE CHANCERY CLUB LUNCHEON

March 2017 Luncheon Recap

An Informative Thing Happened On The Way To The Forum

By Nathaniel J. Peterson Esq. DBA Editorial Board Brannon & Associates

erhaps inspired by the statuesque and elegant columns gracing the façade of the Old Courthouse, March’s Chancery Club Luncheon went the way of ancient Rome and held an open forum. And while there was little talk of aqueducts, or debate of the growing threat from Carthage, or musical accompaniment from Stephen Sondheim, there was plenty of cheer, discussion, and comradery to go around. In the usual tradition of the Chancery Club, several first-timers were made to stand up and introduce themselves. All were law students at the University of Dayton and each were welcomed warmly by the members of the Club and the Dayton Bar. Warmed both by the hearty and impressive spread from the caterer, The Deli, as well as the shelter from the fickle March weather, the Luncheon continued to provide a place for lawyers from all walks of the practice to rub elbows, converse, and share stories. Several individuals took advantage of the opportunity of the open forum to address the Chancery Club as a whole. On May 3, 2017, there will be a special event featuring the one-man play “Thurgood”. In a collaboration by Dayton’s own Human Race Theatre Company, the Thurgood Marshall Law Society, and the Dayton Bar Association, members are invited to attend a special showing of the play, with a panel discussion to be hosted afterwards. The panel discussion will feature Judge Nathaniel Jones, Judge Walter Rice, and others. “Thurgood” is a one-man production, featuring the acting of Alan Bomer Jones and directed by Scott Stoney. The event may be a CLE Event (pending determination), and will be at the Education Center. Seating is limited and the event will be priced at $40 for the entire evening. A particular reminder was made to “all the young attorneys out there” that not only was Thurgood Marshall the first African-American named to the United States Supreme Court, but also a brilliant and influential lawyer as well. Members of the DBA Leadership Development Team, Brian, Jen, and Joe took the floor to make an announcement on an upcoming project by the Leadership Development Team. In an effort to foster involvment with the community, the Leadership Development Team has partnered with the non-profit organization People Working Cooperatively (PWC). PWC specializes in serving low-income, elderly, disabled, and otherwise

Dayton Bar Briefs April 2017

disadvantaged homeowners. PWC will be identifying projects and needs in the Dayton area. The Leadership Development Team will be looking for volunteers and will be fundraising to assist with those projects. The projects are expected to commence at the end of May, beginning of June. Anyone interested should reach out to the DBA Leadership Development Team at the DBA. Finally, several upcoming events were announced. The 2017 Diversity Day, addressing the diversity gap in the legal profession, takes place on April 7, 2017, and includes a seminar, luncheon, and 3.0 CLE hours. The 2017 Annual Domestic Relations Seminar will be on April 21, 2017, and will feature a seminar and 5.75 CLE hours. An agenda is currently posted. And there will be a Celebration of Life Memorial Luncheon on May 9, 2017 to honor the lives of members of the Dayton Bar who have passed. Registration is now open on the Dayton Bar Association Website. The Chancery Club Luncheon will return next month on Thursday, April 20, 2017, and will feature the Non-profit Roundtable. Representatives from various non-profits in the area will be present to speak to attorneys and inform them of the various resources potentially available for cases both civil and criminal. Be sure to check Bar Briefs, the Dayton Bar Association Website, and your email for details on future Chancery Club programs, as well as programs and events from your Dayton Bar Association. The Chancery Club is grateful for the generous support and sponsorship of the Eichelberger Foundation.

937.222.7902

this is YOUR chance to nominate an outstanding member of the community!

Liberty Bell Award

o you know someone in the community who, in the tradition of Lance Detrick, Libby Nicholson, Chris Albrektson, Marsha Froelich and the many other recipients of the D Liberty Bell Award, serve our community in a special way? Please consider submitting

a nomination to the DBA for the 2017 Liberty Bell Award. In order to be considered, nominations must be submitted by Friday, April 14th. All nominations should include biographical information on the nominee and a statement from the nominator supporting the nomination.

Past Winners Include: 1983 - Mrs. Edward Simmons 1984 - Mrs. LiVina M. Wilson 1985 - Clarence G. Stippy 1986 - Robert William Truxel & David Lants 1987 - George W. Wharton 1988 - Hazel Holmgren 1989 - Susanne Bassani 1990 - Bros. Timothy Sucher, OFM - St. Vincent DePaul 1991 - Sally Keyes/Jean Ryan - The Learning Tree Farm 1992 - Karen DeMasi, President - Five Oaks Neighborhood Improvement Association (FONIA) 1993 - Linda Crabtree - House Maid 1994 - Rev. Philip Hoelle, SM - Dakota Center 1995 - Helenka Marculewicz, Coord GDVLP 1996 - Connie Villelli - Courts 1997 - Montgomery Cty Courthouse Volunteers 1998 - Lynda Brown Walker, Teacher - Ethics Committee 1999 - Judy Dodge - DR Court

2000 - Rev. Robert E. Jones - College Hill Community Church 2001 - Carl Day - WDTN 2002 - Marvin Olinsky - Five Rivers Metroparks/ Riverscape Project 2003 - Tina Patterson - The Other Place 2004 - Linda Kramer - Daybreak 2005 - Barbara Buddendeck, CASA Dir.- Montgomery Cty CAS 2006- Eleanor Kent - Montgomery Ct Children Service 2007 -Dr. Robert Walker 2008 - James Stahler 2009 - Sister Maria Stacy 2010 - Ellen McCloskey - Montgomery Cty Adult Probation 2011 - Marsha Froelich - Clothes at Work 2012 - Deborah Lieberman and Dr. Sherry Gale 2013 - Chris Albrektson, DBA Wills for Heroes 2014 - No award given 2015 - Libby Nicholson - Care House 2016 - Lance Detrick - President & CEO Goodwill Easter Seals

liberty bell nomination form I wish to nominate _______________________________ to receive the 2017 Liberty Bell Award. I feel this nominee is deserving of the award for the following reason (Please print or type on a separate sheet; be specific). ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________ Nominated by ___________________________________

Please return by April 14th to the DBA offices by mail or email to Chris: calbrektson@daybar.org or fax to (937) 222-1308 *This years Liberty Bell Award will be presented during the May 12th Chancery Club Luncheon. www.daybar.org

April 2017 Dayton Bar Briefs

daybar.org/cle Pinpointing the Differences Between the Federal Rules of Civil Procedure and the Ohio Rules of Civil Procedure Tuesday, April 4, 2017 | 12:00-1:00pm 1.0 CLE hr | Seminar #1617-100 Committee M $25 | M $35 | NM $45 | PP $0 Speakers: Attorneys; Victoria Nilles, Ryan O’Donnell, Michael Rhinehart, and Lauren Epperley AGENDA: Join the Civil Trial Practice and Federal Practice Committees as they address a topic where the Federal Rules of Civil Procedure differ from the Ohio Rules of Civil Procedure, including discussions of motions to dismiss, discovery, subpoenas, motions for reconsideration, and offers of judgment.

2017 Diversity Day: The Diversity Gap in the Legal Profession *See details on page 8

Immigration Law Update

Tuesday, April 11, 2017 | 12:00-1:00pm 1.0 CLE hr | Seminar #1617-093 Committee M $25 | M $35 | NM $45 | PP $0 Speaker: Kathleen Kersh, Advocates for Basic Legal Equality AGENDA: I Immigration statuses and visa types II Brief overview of immigration status, work authorization and tax obligations III. Recent changes to immigration policy by President Trump’s administration

House Bill 390: Revamping Ohio’s Foreclosure Process (video replay)

Wednesday, April 19, 2017 | 1:00-4:15pm 3.0 CLE hrs | Seminar #1617-104 M $105 | NM $150 | PP $0 WHAT ATTORNEYS WILL LEARN: - The major changes to the area of foreclosure law in Ohio that took effect September 28, 2016 as a result of the passage of House Bill 390; - The legislative background and reason for passing House Bill 390; - How these changes modify certain procedures in the practice of real property law; - The distinctions between commercial real estate changes and resi dential real estate changes. DBA Workers' Compensation and Social Security Committee presents:

Thursday, April 20, 2017 | 12:00-1:00pm 1.0 General CLE hr | Seminar #1617-105 Committee M $25 | M $35 | NM $45 | PP $0 AGENDA: Strategies and best practices when negotiating settlements of workers' compensation claims, Role of the Attorney General’s office in workers' compensation litigation and settlement negotiations. Presenters Andrew Alatis and Jim Barnes will discuss how the Attorney General’s Office handles workers compensation cases, settlements and what they do with claims. 16

Dayton Bar Briefs April 2017

Friday, April 21, 2017 | 9:00-4:15pm 4.75 General CLE hrs + 1.0 Prof. Conduct | Seminar #1617-098 M $215 | NM $300 | PP $30 Printed Materials $30 *Please note: materials will be sent electronically a few days prior to the program Sinclair Community College, Building 12 Buffet Lunch and Parking Included! AGENDA: 9:00-10:00am Gary Gottfried Esq. Ohio Domestic Relations Case Law Update 10:00-10:45am Judge Denise Cross & Judge Timothy Wood Montgomery Cty Domestic Relations Ct Update 10:45-11:00am Break 11:00-12:00pm Joseph Caliguiri Esq. Ethics and Professionalism 12:00-1:00pm Lunch (included) 1:00-2:00pm Dalma Grandjean Esq. Overview of Military Divorce 2:00-3:00pm Lori Cicero Esq. Guardian ad Litems 3:00-3:15pm Break 3:15-4:15pm Judge Jeffrey Kirby Warren Cty Domestic Relations Ct Update

Practical Approaches to Enhance Environmental Due Diligence (video replay)

DBA Labor and Employment Committee presents:

Workers Compensation Settlements

Annual Domestic Relations Seminar *See details on page 21

Tuesday, April 25, 2017| 1:00-4:15pm 3.0 General CLE hrs | Seminar #1617-106 M $105 | NM $150 | PP $0 Speakers: Daniel A. Brown Esq., Brown Law Office LLC Steven B. Ellingson, TCE Companies, Inc.

Professional Conduct: The Top 10 Ethics Mistakes (video replay)

April 27, 2017 | 9:00-12:15pm 3.0 CLE hrs Prof. Conduct | Seminar #1617-116 M $105 | NM $150 | PP $0 Speakers: John Ruffolo Esq., DBA Bar Counsel; Marc Tuss Esq.; Denise Platfoot-Lacey, AGENDA: During this seminar, presenters will discuss common ethics violations, professionalism in the practice and the routine procedures for prosecuting ethics violations. This is a great opportunity to learn something new about the Ohio Rules of Professional Conduct and professional experiences. The Rules and Example cases will be provided to all attendees.

save the date

New Lawyer Training: Core Components Tuesday, May 23, 2017

Criminal Law Certification Friday, June 16, 2017

937.222.7902

Upcoming May CLE DBA Labor and Employment Law Committee’s Annual (and Amazing) CLE (video replay)

Tuesday, May 2, 2017 | 1:00-4:15pm 3.0 CLE hrs, incl.1.0 hr of Prof. Conduct | Seminar #1617-107 M $105 | NM $150 | PP $0 AGENDA: 2016 brought significant changes to the practice of labor and employment law, including how and when lawyers may communicate with employee witnesses, new limitations on and increased emphasis of the salary basis test under the Fair Labor Standards Act that make more employees eligible for overtime pay, and the legalization of medical marijuana and its effects on the workplace. - Ethics for the Labor and Employment Lawyer - The “New and Improved” FLSA and What it Really Means for Ohio’s Employers - Drugs and Alcohol as Disabilities DBA in Partnership with The Human Race Theater and University of Dayton School is pleased to bring you...

Judge Langer’s 2016 Criminal Law Update (Survey of US Supreme Court, Ohio Supreme Court and Ohio Appellate Case Law) Tuesday, May 16, 2017 | 1:00-4:15pm 3.0 General CLE hrs | Seminar #1617-109 M $105 | NM $150 | PP $0 Speaker: Hon. Dennis J. Langer, Montgomery County Common Pleas Court AGENDA: 2016 Criminal Law Update (Survey of US Supreme Court, Ohio Supreme Court and Ohio Appellate Case Law). Judge Langer will review a wide spectrum of cases addressing search and seizure, confessions, pretrial identification, waiver of counsel, substantive criminal law, no contest pleas, rules of evidence, trial procedure, sentencing, probation revocation hearings, and other miscellaneous issues.

Crisis Communications & Management for Lawyers & Their Clients *Featuring Bruce Hennes, Hennes Communications Thursday, May 18, 2017 8:45am Registration 9:00-11:00am Program 2.0 General CLE hrs Seminar #1617-101 M $75 | NM $100 | PP $0

THURGOOD *See details on page 26

THURGOOD Wednesday, May 3, 2017 1.0 General CLE hr (credit pending) | Cost $40 The Human Race Theatre Company 126 N. Main Street, Dayton, OH *Special performance with CLE credit! Register Online at www.daybar.org. Please contact Jennifer Otchy: jotchy@daybar.org with questions.

Amazing Panel: Dr. Lawrence Burnley, Vice Pres. for Diversity and Inclusion, University of Dayton The Honorable Walter H. Rice, Senior Judge, U.S. Dist. Ct. for the Southern Dist. of Ohio The Honorable Nathaniel R. Jones, Retired Judge U.S. Court of Appeals for the Sixth Circuit AGENDA: 5:30pm Registration 6:00pm THURGOOD 7:30-8:30pm Panel Discussion THURGOOD: The Law is my Weapon Thurgood Marshall is widely known for his successful advocacy in the 1954 United States Supreme Court case of Brown v. Board of Education (holding that state laws assigning students to separate schools by race were unconstitutional) and for his subsequent appointment in 1967 as the first African-American Supreme Court Justice. The Human Race Theatre production of Thurgood, by George Stephens, Jr., provides a broader picture of Marshall and his stunning accomplishments as a lawyer, his work as a Justice, and his continuing legacy in education, voting rights, and the American criminal justice system. This event is intended to provide context for and understanding of the legal and social issues raised in Thurgood.

Domestic Relations 101 (video replay) Tuesday, May 9, 2017 | 9:00-12:15pm 3.0 General CLE hrs | Seminar #1617-108 M $105 | NM $150 | PP $0

AGENDA:

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

As almost any general counsel of a large company will tell you, legal controversies today are tried in the Court of Public Opinion — at least as much as in any Court of Law. Every organization, especially large, publicly-traded corporations, has much to gain (or lose) by the way a legal controversy is positioned in the media. Because the value of a company’s reputation is immeasurable — and perhaps its largest uninsured asset — a corporation loses when the brand image is tarnished, even if the corporation technically wins at trial. Furthermore, since most legal controversies are settled prior to trial, the Court of Public Opinion has arguably become the most important battleground affecting not only good will and market share, but legal bargaining power and settlement negotiations. Managing this battleground, therefore, has become integral to many corporations’ legal strategies. *view full page flyer on pg 22

follow the dba: @Dayton_Bar

www.daybar.org

@DaytonBarAssociation April 2017 Dayton Bar Briefs

daybar.org/cle

DBA CLE Registration Form Member

Passport Holder

NonMember

CLE Seminar #(s) __________________________________

Name(s) ____________________________________________________________________________________ Firm/Company ______________________________________________________________________________ Address ____________________________________________________________________________________ City, State + Zip______________________________________________________________________________ Phone _____________________________E-mail ___________________________________________________ Enclosed is my check in the amount of $______________ (made payable to the Dayton Bar Association) Please charge my credit card the amount of $__________

Visa

MasterCard

Discover

Am. Express

Card Number ____________________________________ Expiration Date______/______CVV Number_______ Cardholder Signature__________________________________________________________________________ 18

Dayton Bar Briefs April 2017

937.222.7902

YOUNG LAWYERS DIVISION

Artificial Intelligence IN THE LEGAL PROFESSION AA

utomation is happening in virtually every job market that exists. With the advent of self-driving automobiles, some experts believe it is only a matter of years, a few decades at most, before trucking jobs are categorically eliminated by computers. IBM’s Watson, an artificial intelligence (AI) program that famously competed on Jeopardy!, has seen limited use in the field of medicine. In this capacity it has performed at least as well as human physicians in diagnosing illness in controlled environments. The legal profession is not immune to advancements in technology and automation, and some of these developments have greatly enhanced the efficiency of the practice of law. Most, if not all, attorneys use email and digital case management software. Practice areas such as estate planning and bankruptcy have seen massive success with the use of applications to generate forms and file documents with courts. Taken together, technological advancements have augmented the legal profession by allowing for more precise research, more efficient

Dayton Bar Briefs April 2017

By David T. Laton Esq. YLD Publication Chair Laton & Strain, LLC

filing systems, and greater accessibility of attorneys to persons in need of legal services. Technology in our profession is a tool which is constantly being changed to best suit our needs, but it can be a double-edged sword. Although technology has made the practice of law more efficient, it has also embedded itself in the foundation of the industry to such an extent that many attorneys simply could not do without it. This is not to suggest that the modern attorney is over-reliant on technology; like with other professions, technology can increase efficiency and minimize wasted time and resources. The legal profession will see continued technological integration in the years to come, even when that technology becomes capable of learning and interpreting the law without our help. Attorneys won’t have to wait long to see AI find its way into the practice of law; it’s already done so. AI is not poised to eliminate jobs for human lawyers – at least not anytime soon. Although AI is exponentially faster than humans at processing information, the technology is still significantly limited in several important ways. In its current forms, AI does not have the power to think and reason through problems like humans. Even programs capable of learning do so within the confines of their programming. For example, a program designed to analyze contracts may discover a deficiency in a particular clause, but it won’t also analyze and develop arguments on behalf of a party in litigation. AI and the law currently intersect in regards to more mechanical tasks like document and contract review. However, even with that relatively small area of overlap, implementation of AI in law firms has shown promising results. Contract and document review are tasks ordinarily performed by larger law firms’ support staff and entry-level associates. Where a human lawyer might need days to complete such a task, an AI program would require only a fraction of the time to do the same. On the

issue of reliability, RAVN Systems, a software company based out of London, England, has tested their AI program, RAVN ACE, on a document review project completed by Reed Smith, an international law firm. When compared to Reed Smith attorneys reviewing the same or similar documents, RAVN ACE performed at a comparable level in significantly shorter time. RAVN ACE also identified items of importance that Reed Smith attorneys had missed. With additional input from Reed Smith lawyers, the AI was able to improve its search function. RAVN ACE is still in its testing stages. Another example of AI working on the contract and document review is a program called LawGeex, developed by Noory Bechor. LawGeex is a web-based program that allows users to upload a contract and, within an hour or so, receive a comprehensive breakdown of the effectiveness of its clauses and language by comparing the uploaded document to its database of contract clauses. The program works with a variety of contract types in many areas of law, and is constantly being updated by LawGeex’s team of technicians and attorneys so that it may better recognize and analyze different kinds of clauses and different kinds of contracts. Although it is in its infancy, LawGeex is available for use now. AI is also seeing applications in legal research, another task that is ordinarily assigned to support staff, new associates, and legal interns. The cognitive processing code for IBM’s Watson has been used in one of the first attempts at introducing AI into the legal workplace in the form of ROSS Intelligence. ROSS has been designed to interpret plain-language queries – as opposed to complex search strings – and interpret the intent of the question so as to provide contextually-appropriate search continued on page 25

937.222.7902

DBA ANNUAL CLE

DBA CLE

Promoting Excellence in the Legal Profession

www.daybar.org

DBA LIVE CLE

Crisis Communications & Management for Lawyers & Their Clients *Featuring

Bruce Hennes Hennes Communications

Thursday, May 18, 2017 8:45am Registration 9:00-11:00am Program 2.0 General CLE hours Seminar #1617-101 M $75 | NM $100 | PP $0 DBA Offices

About the Seminar:

Especially in today’s world of immediate information, when reporters won’t wait long for you to return that call before posting the story online and where virtually everyone is a “journalist” armed with a camera and able to reach thousands of people with one simple Facebook message, attorneys and their clients simply cannot wait until a legal decision is rendered. They must be prepared to vigorously defend their situation in a wide variety of venues, as well as media outlets. This seminar will help establish & maintain “control of the message”; when a reporter calls - making points and not just answering questions; reporter’s agenda vs. the attorney’s agenda; dealing with the press proactively and reactively; tips and techniques for better presentations to the media, as well as judge and jury.

About Our Featured Speaker:

Bruce Hennes is Managing Partner of Hennes Communications, one of the few firms in the U.S. focused exclusively on crisis communications and reputation management. Based in Cleveland, Ohio, but with clients across the U.S., Hennes Communications serves corporations, educational institutions, government agencies, hospitals, professional service firms and nonprofits that are “on trial” in the Court of Public Opinion. Mr. Hennes has more than 40 years’ experience in communications, including stints managing political campaigns, working in the automotive industry and as executive director of a large nonprofit agency. He opened his own communications firm in 1989. The firm’s recent clients include Avery Dennison, ThyssenKrupp, Westfield Insurance, Akron General Hospital, United Way of Greater Cleveland, Lubrizol, the National Aeronautics and Space Administration, Kent State University, the Northeast Ohio Regional Sewer District and the Greater Cleveland Regional Transit Authority, as well as scores of nonprofits, municipalities and law firms across the U.S. The plenary speaker for the previous three years at the ABA’s Bar Leadership Institute and at the recent International Municipal Lawyers Association, Mr. Hennes is a frequent speaker before numerous specialty bar and other trade associations. In addition, he serves on the executive committee of the Cleveland Metropolitan Bar Association, which awarded him its’ first-ever President’s Award, and on the board of the Cleveland Leadership Center.

visit www.daybar.org to register or call 937.222.7902! 22

Dayton Bar Briefs April 2017

937.222.7902

i ls S for Legal Professiona

n ce

A The

oci atio n

188

R ASSO CIA T N IO

N BA TO AY

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

PLATINUM PARTNERS Eichelberger Foundation Estabrook Charitable Trust Faruki Ireland & Cox P.L.L. Jack W. and Sally D. Eichelberger Foundation

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

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

• Women in Law Forum

Estabrook Charitable Trust

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

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

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

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

Gold Partner Thompson Hine LLP

Thompson Hine LLP www.thompsonhine.com

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

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

April 2017 Dayton Bar Briefs

LEGAL MARKETING

Define Your Writing Style for Social Media

Miller Creative Strategies, LLC, is a marketing and public relations firm with more than a decade of extensive law firm experience, linking talent, innovation and expertise of the company's founder, Bill Miller, with best-in-class partners. Delivering business solutions, e-commerce/technology, strategic planning, branding campaigns, and marketing tools and processes for our clients and their success.

By Bill Miller, Founder, Miller Creative Strategies, LLC

our content will be driven by the target personas (e.g., clients, prospective clients, peers, etc.) whom you are trying to reach on your social channels and your objectives for each stage of the client lifecycle. Based on your assessment of the personas, you should have a solid understanding of what tone, style, and delivery strategies to use. Are you targeting potential or existing clients on a specific social channel? Perhaps you will want to use a conversational, prescriptive voice on Twitter or Facebook. Are you trying to reach executives? In this case, you may want to use a formal voice on a professional network, such as LinkedIn. Whoever your target audience is, it’s important for you to understand what objectives each piece of content helps you achieve in engaging with them throughout the client lifecycle. Does a particular asset (read: practice area) of the firm help increase brand affinity? You may want to promote that post both organically and through paid promotion to increase its reach and achieve your objectives—brand awareness and affinity. Is an asset aimed at being educational and useful? Perhaps it should be promoted to audiences who have interacted with your firm in the past.

ARE YOU CREATING SOCIAL MEDIA CONTENT THAT EDUCATES? As you think about creating content to support your social media marketing, frame your thinking around your audience’s needs and interests. Creating content without this in mind will produce content that is blind to the value you aim to create for your clients or prospective clients.

ARE YOU CREATING CONTENT THAT'S TARGETED? Every piece of content that you create should have an intended audience. That audience may be broad, but you should understand the purpose and persona(s) to whom you aim to speak, inform, and educate via the asset. Considering this scenario for a business-to-consumer (B2C) law firm: Practitioners would be interested in actionable content that walks them through “how-to” steps of seeking a law firm with your particular practice areas inhouse. Whereas, for a business-to-business (B2B) law firm, executives are more likely to be more interested in content that addresses higher-level strategy, organizational best practices, and how other companies in their industry see success. B2B content also needs to be targeted based on company size and written with relevant language for a particular industry vertical. Alternately, a consumer-based plaintiff law firm, may focus their content based on their different personas— medical malpractice versus SSI claims. Like the B2B example, the messages and content delivered to these different personas would be tailored to their unique goals and objectives. Regardless of whether your asset has a broad audience that addresses 24

Dayton Bar Briefs April 2017

multiple personas or if it’s very targeted, there are a few things that you can do to create targeted content out of your already existing assets and make it feel more relevant for a specific audience. You can start by applying the 4 Rs— reorganize, rewrite, retire, and redesign—to the content that you already have.

CREATE A VARIETY OF CONTENT To keep your readers engaged, ensure that you are creating content that will help you achieve your goals and objectives to share on social media. Content is a great way to show your expertise and your firm’s personality. There are many purposes for creating content, from building your audience's perception of your and/or your firm’s expertise, to thought leadership, to simply posting timely, pertinent, and shareable information. When you are thinking about what forms of content to create, it is important to first understand where you will be sharing it (many social media platforms lend themselves more naturally to specific types of content) and what types of content your audience consumes and engages with most readily. Your content can take many forms, and your mix may look different depending on which platforms you choose to engage, your firm’s practice areas and your audience. Ensuring that you have the following mix is critical as part of your firm’s social media strategy to bring value to your readers: NWhitepapers NPhotos and videos NTip sheets and checklists NSlideshows NBlog posts NPodcasts NInfographics

THE POWER OF VISUALS The ease at which you can share photos and images can prove boon for law firms, allowing you to record and increase the value proposition and reciprocal clients’ perception of your firm. On social media, you can build a visual vocabulary that defines your firm’s brand in the same way that a traditional marketing campaign may. Social audiences—prospective and current clients - love visual content, so make them a part of your marketing mix. Here are the top three reasons why you should frequently use photos and images in your social media marketing campaigns: NEmotional appeal: Visual content appeals to the viewer’s emotions in a way that text cannot. Thanks to the simplicity of photo and im age sharing applications, text is an afterthought. NIntimacy and connections: Photos help to humanize the law and law firms. NEngagement: Photo and image sharing applications provide the perfect opportunity for your firm to engage your clients constructively and quickly.

937.222.7902

YLD: Artificial Intelligence in the Legal Profession continued from page 20 results. Several large firms, such as Latham & Watkins, have begun to use ROSS for legal research. As many as thirty hours per case have been saved by these firms utilizing ROSS as a research tool. Like LawGeex, ROSS Intelligence is a fairly new application, but it is available for use now. Proponents of incorporating AI into the legal profession do not believe that this technology will have a serious impact on the legal job market. These proponents suggest that AI will eliminate hours of tedious busywork from attorneysâ&#x20AC;&#x2122; schedules, freeing them up to devote time to more important aspects of cases and projects. Proponents also suggest that AI will allow attorneys to lower prices, providing more citizens access to legal services where they might have gone without due to costs. This technology is still new. It will be a while still before AI begins to be meaningfully integrated into the practice of law, and its effects on the profession remain to be seen. For now, AI lacks the skills and abilities necessary to perform most of the essential functions required and expected of flesh and blood attorneys, such as representing clients in the courtroom and negotiating settlements with opposing counsel. Until then, attorneys must be ready to incorporate AI into their practices as another valuable tool, or risk being left behind. ARTICLE REFERENCES: http://www.cnbc.com/2017/02/17/lawyers-could-be-replaced-byartificial-intelligence.html http://www.cnbc.com/2016/11/17/can-cash-cow-of-elite-legal-firmssurvive-ai-the-jury-is-still-out.html http://www.abajournal.com/magazine/article/how_artificial_ intelligence_is_transforming_the_legal_profession https://futurism.com/an-ai-law-firm-wants-to-automate-the-entirelegal-world/ https://www.ft.com/content/5d96dd72-83eb-11e6-8897-2359a58ac7a5 http://www.legalweek.com/sites/legalweek/2015/11/12/is-artificialintelligence-the-key-to-unlocking-innovation-in-your-lawfirm/?slreturn=20170126044049 https://www.forbes.com/sites/markcohen1/2016/09/06/artificialintelligence-and-legal-delivery/#769c916822cd

www.daybar.org

ow? n K ou Y d i D is rectory

gal Di ehensive e L l a i r Picto ompr C A t B s D o The lley â&#x20AC;&#x2122;s M Professionals a V i m a the Mi ing of Legal List d in: e t s i L t Ge ctice a r P f o s s pField Firm Listing anced h n E p

April 2017 Dayton Bar Briefs

THURGOOD

The DBA in Partnership with The Human Race Theatre and the University of Dayton School of Law is pleased to bring you...

THURGOOD Special performance with CLE credit!

Easy to Register: Go Online www.daybar.org! Wednesday, May 3, 2017 | Cost $40 1.0 General CLE hour (credit pending) AGENDA: - 5:30pm Registration - 6:00pm THURGOOD - 7:30-8:30pm Panel Discussion On "THURGOOD: The Law is My Weapon"

AMAZING PANEL:

Dr. Lawrence Burnley Vice Pres. for Diversity and Inclusion, University of Dayton The Honorable Walter H. Rice Senior Judge, U.S. District Court for Southern Dist.of Ohio

show reviews from the press:

The Honorable Nathaniel R. Jones Retired Judge, U.S. Court of Appeals for the Sixth Circuit

SYNOPSIS:

"The plain facts inevitably stir powerful feelings - of admiration for his steadfast championing of the ill-used, of delight in his ability to find humor in dark circumstances, of dismay at the recalcitrance of institutional discrimination in America ... the heroism of Marshall's life's work and the hard-fought civil-rights victories achieved under his stewardship are truly uplifting. As I left, I found myself misty eyed, recalling a celebrated line from a speech by the Rev. Dr. Martin Luther King Jr. that I have always found moving, in which he cites a belief that "the arc of the moral universe is long, but it bends toward justice."

Thurgood Marshall is widely known for his successful advocacy in the 1954 United States Supreme Court case of Brown v. Board of Education (holding that state laws assigning students to separate schools by race were unconstitutional) and for his subsequent appointment in 1967 as the first African-American Supreme Court Justice. The Human Race Theatre production of Thurgood, by George Stephens, Jr., provides a broader picture of Marshall and his stunning accomplishments as a lawyer, his work as a Justice, and his continuing legacy in education, voting rights, and the American criminal justice system. This event is intended to provide context for and understanding of the legal and social issues raised in Thurgood.

Easy to Register: Go Online www.daybar.org/cle/calendar

Dayton Bar Briefs April 2017

937.222.7902

2016-17

100% Club Members The DBA strives to be a leader in the Dayton community by continuing the legacy of excellence in the legal profession via development opportunities, quality programming on substantive issues, and guidance through ethical and professional issues. The DBA Association would not be the strong organization that it is without members like you and the additional support provided by our sustaining members. The 100% Club is a special category of membership and all firms and legal organizations with two or more attorneys are invited to join the Club! Contact Chris at calbrektson@daybar.org for more information or to correct any listing that does or does not appear. This list was created November 2016. If you are interested in becoming a 100% Club Firm, simply contact Carol for any DBA membership dues related enquiries and/or submit the dues payments online: www.daybar.org. Thank you to our 100% Club Members for the 2016-2017 Bar year:

Firms with 70+ Members WilmerHale Firms with 30-39 Members Coolidge Wall Co., LPA Freund, Freeze & Arnold, A Legal Professional Association Montgomery Cty Public Defender’s Ofc Firms with 20-29 Members Montgomery Cty Common Pleas Ct Pickrel Schaeffer & Ebeling Co., LPA Sebaly Shillito + Dyer University of Dayton School of Law Firms with 10–19 Members Bieser Greer & Landis, LLP Dunlevey Mahan & Furry, LPA Faruki Ireland & Cox P.L.L Flanagan Lieberman Hoffman & Swaim Horenstein Nicholson & Blumenthal, LPA Montgomery Cty Domestic Relations Ct Rogers & Greenberg, LLP Second District Court of Appeals Surdyk Dowd & Turner Co., LPA Firms with 5–9 Members Altick & Corwin Co., LPA Brannon & Associates CareSource City of Dayton Law Department City of Dayton Prosecutor’s Ofc Dayton Municipal Court Dayton Power & Light Company Douple Beyoglides Claypool Kovich

www.daybar.org

Firms with 5–9 Member - cont. Lipowicz & LaMusga Dysinger & Patry, LLC ES Gallon & Associates Gottschlich & Portune, LLP Green & Green, Lawyers Hochman & Plunkett Co., LPA Montgomery Cty Probate Ct Premier Health Partners Subashi & Wildermuth Thorson Switala Mondock & Snead, LLP Firms with 2–4 Members Albert & Krochmal Allbery Cross Fogarty Baldwin Valley Law, LLC Bogin Patterson Ellis Staton & Stump, LLP Boucher & Boucher Co., LPA Bricker & Eckler, LLP Bruns Connell Vollmar & Armstrong, LLC Burdge Law Office Co., LPA Cincinnati Insurance Company Cowan & Hilgeman Crossman & Maciorowski, LLC Robert L. Deddens Law Offices Dinkler Pregon, LLC Elliott & Faulkner, LPA Esler & VanderSchaaff Co., LPA Fox & Associates Co., LPA Gammell Ross & Hoshor, LLC Gregory M. Gantt Co., LPA Gudorf Law Group, LLC Hedrick & Jordan Co., LPA Hochwalt & Schiff, LLC Holzfaster Cecil McKnight & Mues, LPA Intili & Groves, LPA Jablinski Roberts & Gall, LPA Jackson Lewis, P.C.

Firms with 2–4 Members - cont. Jacox Meckstroth & Jenkins Kendo Dulaney Law Kettering Municipal Court Kirkland & Sommers, LPA Law Offices of Ira H. Thomsen Law Offices of John T. Nicholson, LLC Leppla Associates, Ltd. Liberty Savings Bank, FSB Martin Folino, A Legal Professional Association McNamee & McNamee, PLL Mesaros Law Office Miller Walker & Brush, LLP Montgomery Cty Municipal Ct, Eastern & Western Div(s) Nowicki & Vonderwell, LLC Pyper & Nordstrom, LLC Rieser & Associates, LLC Roberson Law Roderer Law Office, LLC Sherrets Law Offices, LLC John D. Smith Co., LPA Stamps and Stamps Statman Harris & Eyrich, LLC Stephan & Stephan Law Group, LLC Tracy & Tracy Co., LPA Treherne Law Office Helen Wallace, Attorney at Law LLC Winwood Rutledge Co., LLC Young & Alexander Co., LPA

April 2017 Dayton Bar Briefs

FROM THE JUDGES DESK

Declining Civil Case Filings: The Evolving Role of the Court as a Public Service Agency

By Hon. Gregory F. Singer Montgomery Cty Common Pleas Court

T T

he premise of this article is that a state court—specifically, the General Division of the Montgomery County Common Pleas Court—is a service agency, and is part of the public service industry, whose mission is to serve its clientele, i.e., its citizens. If clients are no longer using the services, it is incumbent upon the service business to determine what caused the change, in order to become more responsive to its clients’ needs. The same principle holds true for state courts: if corporate and private citizens are no longer turning to the courts to resolve disputes, courts must reflect upon the cause of such changes and take action to address the issue. For members of the legal profession, it will come as no shock that, over the past decade, the number of case filings has noticeably declined, particularly, that of civil case filings.i In striving to find a solution, legal scholars throughout the country have attempted to pinpoint the cause of this decline. One author, Robert P. Burns, professor at the Northwestern University School of Law, in examining the implications of the “death” of the American trial, explored several possibilities for the nation-wide drop in the number of trials, including evolutionary and economic influences.ii While many have theorized as to why citizens no longer seek to resolve their disputes through litigation and trial, a precise cause remains unclear. What is clear, however, is that state courts, as public service agencies, have a diminishing clientele. Over the past ten years, the number of civil cases pending in general divisions of Ohio common pleas courts has decreased by nearly 33% state-wide. (Figure 1.) In the Montgomery County Common Pleas Court, there were 41% fewer civil cases filed in 2016 than in 2006. (Figure 2.) Equally noteworthy is that the majority of those civil cases were resolved through means other than trial. (See Figure 3.) Of all civil cases filed in the Montgomery County Common Pleas Court in 2016, only fifteen were adjudicated through trial by jury, which amounts to less than 0.3%. (Figure 3.) What was once the primary method of resolving disputes among corporate and private citizens is now perceived as too burdensome, attributed mostly to the time and costs involved. Local members of the Dayton Bar were kind enough to provide their insight as to why they feel the number of civil cases continues to fall. Attorney Neil Freund, of Freund, Freeze & Arnold, believes civil cases, and, certainly, civil trials, have declined because litigation has become cost prohibitive, which influences whether clients choose to proceed to trial or to settle their case as early as possible. For instance, having previously handled soft-tissue personal injury cases, Freund explained that insurance companies are now resolving soft-tissue cases early and continued on page 33 ENDNOTES: The Supreme Court of Ohio, The 2015 Ohio Courts Statistical Summary, https://www.supremecourt.ohio. gov/Publications/annrep/15OCSR/summary/2015OCS.pdf (accessed February 17, 2017). Burns, Robert P., The Death of the American Trial, 88–102 (2009). 3 Simpkins v. Grace Brethren Church of Del., ____ Ohio St.3d ____, 2016-Ohio-8118, ___ N.E.3d ____. 1

Dayton Bar Briefs April 2017

937.222.7902

ce 188 3

DA Y o ass The

cia tion

ON TI

BAR ASSOC N IA TO

sin s l a f or L e n gal Professio

Take the ADVANTAGE of the Value! DBA Membership Dayton

Fastcase + Unlimited FREE Legal Research Access through Fastcase

CLE Seminars + Annual Bench Bar . Conference Reduced Member . Rate + CLE Reduced Rates for Members (based on12 hrs/yr)

1,500

Bar Ass

ANNUAL SAVINGS

ociatio

Chancery Club Luncheons

Pictorial Legal Directory

+ Held monthly at the Old Courthouse FREE thanks to the generosity of the Eichelberger Foundation

+ Printed and Online versions FREE to Members

100 Value

Bar Briefs Magazine +Printed & Online versions FREE to Members

+ Greater Savings with CLE Passports + Member Savings for Online Programs + Annual Savings May Exceed Dues

995

300

Annual Savings

WAIT! WAIT! WAIT!

Annual Savings

There's much more... DaytonFindALawyer Online Search Site Enables clients to find you! (Members Only) Lawyer Referral Service Grow Your Practice Client Referrals

65 Value

Public Speaking Opportunities Professional Visibility Personnel Placement Service Low Fees to Members

Value

Pinnacle Providers Program Discounts on Products & Services Networking & Collegiality Professional & Social Events

Substantive & Service Committees Developing Strategic Relationships Professional Growth

=PRICELE$$!

April 2017 Dayton Bar Briefs

ADVISORY OPINIONS

Advisory Opinion(s) 2017-1 and 2017-2 The Ohio Board of Professional Conduct issued Advisory Opinion 2017-1 and Advisory Opinion 2017-2 on February 10, 2017. The advisory opinions may be viewed by visiting the below links:

ahttp://www.sc.ohio.gov/Boards/BOC/Advisory_Opinions/2017/Op_17-001.pdf ahttp://www.sc.ohio.gov/Boards/BOC/Advisory_Opinions/2017/Op_17-002.pdf A complete searchable collection of the Board’s advisory opinions, a subject index, and an advisory opinion status list are available at: http://www.supremecourt.ohio.gov/Boards/BOC/Advisory_Opinions/default.asp

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

Professional Investigative and Legal Support Services Firm  Polygraph  Asset Searches  Criminal Defense  Process Service  Witness Locates / Interviews  Surveillance  Civil Case Prep  General Investigation DAYTON: 937 / 438–0500 Fax: 937 / 438–0577

Dayton Bar Briefs April 2017

937.222.7902

2017

Paralegal Day Celebration Wednesday, April 12th 11:30-1:00pm Sinclair College, Bldg 7 (Tartan Marketplace)

Hosted by:

Sinclair Community College Paralegal Program with additional sponsorships from the legal community. Please join your colleagues in the legal community, including judges, attorneys, paralegals, and support staff, as we recognize paralegal contributions to the legal profession.

Individual Tickets:

$15.00 per person, incl. lunch and parking pass

Return Reservations:

Sinclair Community College Paralegal Program 444 West Third St., Rm 5141 Dayton, OH 45402

Checks Payable to:

Sinclair Foundation Paralegal Day

Questions?

(937) 512-2616 or paralegal@sinclair.edu

Thank you for your participation and we look forward to seeing you and your paralegal staff at this event!

Paralegal Day Celebration Program 11:30–12:00pm Registration and Silent Auction 12:00–1:00pm Program

Please join us to see the next Paralegal of the Year award be presented. The celebration will include a key note speech regarding the Paralegal profession as well as a silent auction with proceeds benefiting Sinclair Paralegal Scholarships. To nominate an outstanding Paralegal on your staff, please go to the below link to find the nomination form:

http://tinyurl.com/ParalegalDay

SPONSORSHIPS:

We hope you will continue to be, or will become, a sponsor of this exciting event: SILVER - $75 Your firm's name in the program as Silver Sponsor, (2) tickets and parking passes to the event ($45 tax deductible)

GOLD - $150

Your firm’s name in the program, as Gold Sponsor, (5) tickets and parking passes to the event ($75 tax deductible)

PLATINUM - $250

Your firm’s name in the program as Platinum Sponsor, (10) tickets and parking passes to the event ($100 tax deductible)

REGISTRATION & SPONSORSHIP FORM: http://tinyurl.com/ParalegalDay

www.daybar.org

April 2017 Dayton Bar Briefs

DBA SOCIAL MEDIA

if youâ&#x20AC;&#x2122;d like to hear more from us...

Follow the DBA on all of our Social Media Sites!

@Dayton_Bar

Dayton Bar Briefs April 2017

@DaytonBarAssociation

937.222.7902

FROM THE JUDGES DESK: Declining Civil Case Filings continued from page 28

no longer feel the need to involve defense counsel. Attorney Charles Faruki, of Faruki, Ireland, Cox, Rhinehart & Dusing, who often handles complex business disputes, likewise, agrees that costs are to blame, but attributes such costs to overly broad discovery, including discovery of electronically stored information, and technological advances. In this age of emerging technologies, expert testimony required in litigation today is much more extensive than it was in the 1980s. Faruki explained that these costs drive clients to resort to alternative methods of dispute resolution, such as arbitration and early mediation. Others, like attorney David M. Deutsch, feel the change in civil case filings is a direct result of the legislature. Legislative efforts to “reform” Ohio tort law in the 1990s and early 2000s, and the Ohio Supreme Court’s recognition of the constitutionality of such legislation, have significantly impacted whether litigants choose to proceed to trial. For example, the damage caps set forth in R.C. 2315.18 were recently upheld by a divided Court in Simpkins v. Grace Brethren Church of Delaware.iii In an “as-applied challenge” involving a tragic case of sexual abuse to a minor, the Ohio Supreme Court affirmed the trial court’s reduction of noneconomic damages from $3.5 million to $350,000 in accordance with R.C. 2315.18.iv This case follows the Ohio Supreme Court’s decision in Arbino v. Johnson & Johnson, upholding Ohio tort reform as constitutional on its face. v Deutsch notes that tort reform has, undoubtedly, affected citizens’ general perceptions of the court system and its ability to adequately resolve disputes. The expense of discovery has been repeatedly referenced by commentators as having a chilling effect on litigation. To accommodate the unique circumstances of each case, the Ohio Civil Rules are necessarily broad. However, the full extent of permissible discovery under the Civil Rules may not be needed in every case, and both counsel and their clients could be better served by tailoring the discovery process to each individual case. Attorney David Greer, of Bieser, Greer & Landis, believes greater involvement by the court initially, and throughout the discovery process, would be beneficial in easing the duration and expense

www.daybar.org

of litigation. Greer proposes the concept of an initial discovery conference held shortly after the case commences, bringing counsel together early on to discuss and negotiate the time, amount, and, ultimately, the cost of discovery. Greer suggests that, for many cases, counsel might be persuaded to agree on timing, and the number of depositions and witnesses, by adjusting the discovery process to fit the nature of each case. Regardless of whether increased costs, arbitration clauses, or tort reform are responsible for the declining number of case filings, it is important for our Common Pleas Court to consider what, if anything, the court can do to better address the needs of its citizens. Engaging the parties in early discussions and creating a discovery plan that best serves the unique circumstances presented in each case are changes that could positively impact the litigation process. In any case, with no appreciable county-wide population drop, as civil case filings continue to decline, and, especially, to the extent this affects access to justice, state courts must be willing to make appropriate changes where needed. Whether public or private, in order to remain in business, or as a viable public resource, a service agency must be responsive to the needs of its clientele. With no single, apparent cause for the decrease in civil case filings, it is incumbent upon our court, as for any other service agency, to examine why its services are in decline and to look in the mirror in doing so. To that end, this writer, and the judges of our bench, welcome any further suggestions in these regards. (Contributors: Elizabeth L. Otis, Esq., David C. Greer, Esq., Charles J. Faruki, Esq., Neil F. Freund, Esq., and David M. Deutsch, Esq.) ENDNOTES: Id., ¶ 16. Arbino v. Johnson & Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948, 880 N.E.2d 420.

iv v

April 2017 Dayton Bar Briefs

april '17 committee meetings Small Firm | Solo Practitioner Mon. April 3 @ Noon Juvenile Law Mon. April 3 @ 4:00pm Diversity Issues Tues. April 4 @ Noon Federal Practice + Civil Trial Practice Tues. April 4 @ Noon w/1.0 hr optional CLE Young Lawyers Division Wed. April 5 @ 5:30pm Labor and Employment Tues. April 11 @ Noon w/ optional CLE Speaker: Kathleen Kersh, ABLE Appellate Practice Wed. April 12 @ Noon Estate Planning Trust & Probate Wed. April 12 @ 4:00pm w/optional CLE Domestic Relations Thurs. April 13 @ Noon Real Property Thurs. April 13 @ Noon Criminal Law Wed. April 19 @ Noon Public & Member Services @ The Old Courthouse Thurs. April 20 @ 11:00am

Dayton Bar Briefs April 2017

Join the DBA Join the Conversation Get Involved with a Committee!

Share & Learn! Share & Learn!

Contact Carol for Committee details: cblevins@daybar.org 937.222.7902

Now that you are a member, we encourage you to access the many resources available to you and get involved with YOUR Association. *Join a Committee *Attend the Chancery Club Luncheon *Use Fastcase Legal Research FREE to Members! *Attend DBA CLE Programs SAVE Money with Your Member Discount! *Short on Time - Go Online Member Discounts on Online CLE Programs ...AND SO MUCH MORE

937.222.7902

www.daybar.org

April 2017 Dayton Bar Briefs

law-related organizations Dayton Bar Association Foundation

DBA Members Generously Giving on Behalf of the Legal Community

O O

n behalf of the Greater Dayton Legal Community, the Dayton Bar Association Foundation accepts funding from DBA Members, Foundation Fellows, Friends of the Foundation and directed contributions to established special purpose funds. The Foundation funds are then granted, on behalf of the DBA Members to a wide variety of programs and charitable activities aligned with the Foundation’s mission and purpose. Through member contributions, the DBA Foundation makes a much-needed impact on a variety of local law-related projects and organizations, as well as, as well as, improves the public perception of legal professionals. DBA Members give back to the community, in which they live and work, through contributions to Your Foundation. Contributions may be directed to any of the following:

To obtain more information about the Dayton Bar Association Foundation

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

• Memorial Funds: *Robert N. Farquhar Memorial Fund *Lloyd O’Hara Scholarship Fund • DBA Foundation General Fund: To assist in funding grants to worthy projects ad organization • Memorial Contributions: Donations are a meaningful way to express sympathy or honor an individual • Include the Foundation in Your Estate Planning: Make a bequest, establish a Charitable Remainder Trust or name the Foundation as

beneficiary of a life insurance policy.

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

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

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

Dayton Bar Briefs April 2017

937.222.7902

Thurgood Marshall Law Society The DBA in Partnership with The Human Race Theatre and the University of Dayton School of Law is pleased to bring you...

THURGOOD Special performance with CLE credit! Easy to Register: Go Online www.daybar.org!

Wednesday, May 3, 2017 | Cost $40 | The Human Race Theater 1.0 General CLE hour (credit pending) AMAZING PANEL: Dr. Lawrence Burnley: Vice Pres. for Diversity and Inclusion, UD The Honorable Walter H. Rice: Senior Judge, U.S. District Ct for Southern Dist.of Ohio The Honorable Nathaniel R. Jones: Retired Judge, U.S. Ct of Appeals for the Sixth Circuit

Easy to Register: Go Online www.daybar.org!

SYNOPSIS: The Human Race Theatre production of Thurgood, by George Stephens, Jr., provides a broader picture of Marshall and his stunning accomplishments as a lawyer, his work as a Justice, and his continuing legacy in education, voting rights, and the American criminal justice system. This event is intended to provide context for and understanding of the legal and social issues raised in Thurgood.

University of Dayton School of Law

March 2017 Dayton Bar Briefs

members on the move If you are a member of the Dayton Bar Association and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or have other news to share, we’d like to hear from you. News of CLE presentations and political announcements are not accepted. Members on the Move announcements are printed at no cost, and must be submitted via email and are subject to editing. We also request a current, high-resolution, directory-style photo to accompany your announcement. These monthly accouncements are printed as space is available. Submit your Members on the Move announcements, for consideration, by the 5th day of the month prior to publication (i.e. April 5th for inclusion in the May 2017 Dayton Bar Briefs). Please send to DBA Publications Manager, Shayla M. Eggleton: publications@daybar.org. Please submit address changes to Carol Blevins: cblevins@daybar.org.

2017 Ohio Super Lawyer Designations Each year, no more than five percent of attorneys in the state of Ohio are chosen to be listed as an Ohio Super Lawyer. The annual selections are made after an extensive evaluation process which includes a survey of lawyers and individual interviews along with a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. Peter R. Certo, Altick & Corwin Co., LPA Dalma C. Grandjean, Altick & Corwin Co., LPA

CERTO Altick & Corwin CO., LPA is proud to announce that PETER R. CERTO AND DALMA C. GRANDJEAN (photo'd above) have been selected as 2017 Ohio Super Lawyers, as published in Ohio Super Lawyers magazine. Ms. Grandjean is a Shareholder and one of a few select family law attorneys in the Dayton area who have been named Ohio Super Lawyer. Her office concentration is family practice on military, international and interstate issues. She also serves as the Law Director of the City of Riverside. Dalma lectures frequently on family law topics. Mr. Certo, is also a Shareholder who focuses on litigation work in the areas of Criminal Law and Probate Law. He has served as an acting judge in the Dayton Municipal Court, Chair of the DBA Criminal Law Committee, and has been lead counsel for criminal cases in both State and Federal Court for over 37 years. Currently he is on the Board of Directors for Rebuilding Together/ Dayton and Life Essentials.

The Ohio State Bar Association (OSBA) announced that it has certified partner JENNIFER L. BROGAN, of the law firm of Bieser, Greer & Landis, LLP, as a Family Relations Law Specialist. BROGAN Brogan joins four other lawyers in the State of Ohio to be certified this year in Family Relations Law by the OSBA. To become certified, attorneys must: demonstrate substantial and continuing involvement in a particular field of law; submit five professional references attesting to their competency in the specialty area; have earned a minimum of 36 hours of intermediate or advanced CLE credits in the 38

Dayton Bar Briefs April 2017

GRANDJEAN

specialty area during the past three years as part of the continuing legal education hours required of all attorneys; pass an intensive written examination; prove financial responsibility by maintaining minimum professional liability insurance coverage; and remain in good standing with the Supreme Court of Ohio. Jennifer, practices in Family Law, Medical Malpractice Defense, and Healthcare Law.

Dungan & LeFevre Co., L.P.A. is pleased to announce that JAMES D. BROOKSHIRE has been named a member of the Board of Directors of the firm. Mr. Brookshire graduated from the BROOKSHIRE UDSL and was admitted to practice in Ohio in 1991. He is also admitted to practice in the U.S. District Court for the Southern District of Ohio, the U.S. Sixth Circuit Court of Appeals, and the U.S. Supreme Court. His practice includes personal injury, medical negligence, wrongful death claims, ERISA, construction disputes, and appeals. Throughout his career as a trial attorney, James has represented hundreds of individuals and corporations, and has extensive jury trial experience. Prior to his law career, James worked in the field of exploration geophysics in the United States, Brazil, Argentina, Norway, Egypt, Tunisia and other parts of North Africa.

Pickrel, Schaeffer & Ebeling Co., LPA is pleased to announce that GERALD L. MCDONALD has been appointed Law Director for the City of Huber Heights. Jerry has served as the City of Vandalia’s Law Director

since 2005 and has been Huber Heights’ Assistant Law Director since 2006. He also provides legal services to other municipalities and townships regarding real estate and development matters. MCDONALD He is admitted to the bar in Ohio, Florida, and Michigan. Gerald McDonald is a Principle with PS&E in the firm’s Business practice group focusing on Municipal, General Business, Real Estate, and Corporate Law.

Gudorf Law Group, LLC has hired Key Bank Trust Officer MARK S. O’HARA to oversee its Probate and Trust Settlement Department. At Key Bank in Dayton, O’Hara served as trust administrator O'HARA for accounts containing over $300 million dollars in assets. This included managing trust distributions and ensuring compliance with state and federal regulations. In addition to overseeing this department at Gudorf Law, O’Hara has been tasked with assisting Managing Attorney Ted Gudorf in expanding the firm’s Fiduciary Services Department, including broadening the department’s scope of services to include firm attorneys serving as trustees and guardians in client matters. Prior to his work in banking, O’Hara spent over two decades as a partner in an Indiana law firm focusing on estate planning, tax planning, tax resolution and asset protection.

937.222.7902

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

EXPERIENCED COMMERCIAL REAL ESTATE ATTORNEY Graydon Head & Ritchey, LLP, 80+ attorney firm located in downtown Cincinnati, seeks a highly motivated, experienced commercial real estate attorney for our busy commercial real estate practice group. The candidateâ&#x20AC;&#x2122;s experience must be in commercial real estate transactions. Candidates should be licensed in Ohio, or willing to obtain admission to the Ohio Bar. Candidates should have high intellectual capacity, excellent analytical and writing skills, and works with a sense of urgency. The successful candidate is dedicated to pursuing commercial real estate practice as a career, and exhibits a "client service" approach to the practice of law. We offer competitive compensation and an attractive benefits package. Please reply in confidence with your cover letter, resume and law school transcript to: Barbara Hopewell Chief Professional Development Officer and Director of Human Resources 312 Walnut Street, Suite 1800 Cincinnati, OH 45202 (Phone) 513.629.2858 (Fax) 513.651.3836 E-Mail: bhopewell@graydon.com EXPERIENCED DIVORCE LAWYER SOUGHT Holzfaster, Cecil, McKnight & Mues has an opening for a lawyer with preferably 3+ years experience in Domestic Relations work. Some present book of business is a plus. Please send resume to Chip Mues at lawdayton@gmail.com.

LAW BOOKS AND OFFICE FURNITURE AVAILABLE Miscellaneous sets of law books including books on federal codes; Ohio Code American Jurisprudence and many more. Large office desk and book cases available, in good condition. Contact Lorine Reid at 937.223.3046. 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.

www.daybar.org

Find Out What Fastcase is All About!

MEDIATION/ARBITRATION William H. Wolff, Jr., LLC Retired Trial and Appellate Judge Phone: (937) 293-5295; (937) 572-3185 judgewolff@woh.rr.com OFFICE AVAILABLE Downtown Dayton office with great view available. Reasonable overhead. If interested contact Daryl R. Douple or Harry G. Beyoglides, Jr. at (937) 2241427.

OFFICE SPACE 101 Southmoor Circle, NW (Stroop and Far Hills). One office available at $450/ month/office. Furnished or unfurnished. Take one or both offices. Rent includes all utilities, remodeled full size kitchen, two completely remodeled baths, secretarial area, reception area and conference room. Email dave@SchmidtDayton.com for info and pics.

Your ad could be here!

contact Shayla: publications@daybar.org

Fastcase research and free online webinars:

www.daybar.org

advertiser index ComDoc Inc..............................................34 Eikenbary Trust ......................................25 Ferneding Insurance...............................14 J. Steve Justice - Mediations..................9 Johnson Investment Council................35 LCNB Bank................................................12 Miller Creative Strategies.....................30 National Processing Solutions............32 OBLIC..........................................back cover Park-N-Go................................................19 R.L. Emmons & Associates.....................30 Rogers McNay Insurance......................11 Trisha M. Duff - Mediations...................33

mark your calendar Chancery Club Luncheon The Old Courthouse *April 20 (Thurs.), May 12 Annual Diversity Day Luncheon Sinclair College, Bldg. 12 Fri. April 7, 2017 Annual Domestic Relations Seminar Sinclair College, Bldg. 12 Fri. April 21, 2017 THURGOOD The Human Race Theater Wed. May 3, 2017 Celebration of Life Memorial Luncheon Sinclair College, Bldg. 12 Wed. May 9, 2017 Crisis Communications Seminar Thurs. May 18, 2017 New Lawyer Training: Core Components Tues. May 23, 2017 DBA Annual Meeting Fri. June 9, 2017 Criminal Law Certification Fri. June 16, 2017 DBA Dragons Game Thurs. July 20, 2017 April 2017 Dayton Bar Briefs

Dayton Bar Association 600 Performance Place 109 N. Main St. Dayton, OH 45402â&#x20AC;&#x201C;1129 ADDRESS SERVICE REQUESTED

PRSRT STD U.S. POSTAGE PAID Permit No. 41 DAYTON, OHIO