April Dayton Bar Briefs Magazine: Vol. 71 No. 8

April 2022

BarBriefs

The Off icial Magazine of the DBA

Coming Up in May! DBA Member Appreciation Month

TRUSTEE'S MESSAGE Rolling with the Changes pg 6

federal practice

from the judge's desk

Better Know a Justice

Learning from the Pandemic

pg 12

pg 24

BarBriefs DBA Board of Trustees 2021-2022 Merle

. Wilberding

President

Caroline H.

entry

4

Barrister of the Millennium - Dave Greer

Anne

6

Hon. E.

erald

arker Jr.

Treasurer

Michael J. Jurek Secretary

Ebony

.

a

enport

By Merle Wilberding Esq. | Coolidge Wall Co., LPA

Rolling with the Changes

By Jamie Greer Esq. | Bieser Greer & Landis, LLP

TRUSTEE'S MESSAGE

24

Learning from the Pandemic – Modernizing Court Practices to Incorporate Technology

JUDGE'S DESK

By The Honorable Mary Kate Huffman | Montgomery County Common Pleas Ct

Member–at–Large

Features:

James H.

10

John F. Haviland Esq. Bieser Greer & Landis LLP

12

Better Know a Justice

14

Paralegal Day Celebration

20

Abandoning Voluntary Abandonment

22

A Paralegals Path to the Other Side of the Bar

reer

Member–at–Large

Justine

. Larsen

Member–at–Large

Sean

. McCormick

Member–at–Large

redric L.

oung

Immediate Past President

John M. Ruffolo, ex ocio Bar Counsel

Jennifer

tchy, ex ocio

BARRISTER OF THE MONTH

By Tom Intili Esq. | INTILI Group

By Daniel A. Gentry Esq. | Coolidge Wall Co., LPA

FEDERAL PRACTICE

PARALEGAL

WORKERS' COMP

By Vanda Morgan | Taft Stettinius & Hollister, LLP

By Joshua R. Lounsbury Esq. | Coolidge Wall Co., LPA

By Samantha Janning Esq. | Montgomery County Juvenile Justice Center

YLD

Next Month! DBA Member Appreciation Events 13 Celebration of Life Memorial Luncheon - May 11 15 Leadership Development Cornhole Tournament - May 12 21 Volunteer Day at The Foodbank Dayton Urban Garden - May 14 23 Complimentary Portrait Sessions - May 10 & 12 25 Chancery Club Luncheon Law Day Celebration - May 2 Departments: 7 BOARD OF TRUSTEES: Nominees for Second Vice President & Treasurer 9 SPONSORSHIP: 2022 DBA Annual Meeting Luncheon - Deadline May 13 11 SECTIONS: April Meetings 16 CLE: April - June Calendar 17 2022 Criminal Law Certification Seminar - Register today for May 20!

19 2022-2023 Leadership Development Class Nominations - Deadline May 13 Also Inside:

27

LAW RELATED ORGANIZATIONS

31

CLASSIFIEDS , MEMBERS ON THE MOVE, ADVERTISER INDEX

no.

8

Columns:

PRESIDENT'S MESSAGE

. Keeton

71

April 2022

Contents

First Vice President

Second Vice President

vol.

2021-2022

DBA Annual Partners PiK"d"BaBB}a7'BaBc"a7m}eeKivaBdeaivBimB"e"BK}i?"mm"KBvK}ivBivB administration of justice, enhance the public’s respect for the law, and promote excellence & collegiality in the legal profession.

If you a re inte rested 2022-2 in bec 023 DB oming A Annu a a l Partn Jennif er, con er Otc t act: hy, DB A CEO jotchy @dayb ar.org 937.22 2.1364

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

and aligned with client goals.

3

Column

PresidentrsMessage:

Barrister of the

Ma,,effa5

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Dave Greer

or many years the Dayton Bar Association has spotlighted in its Bar Briefs one of its members as the “Barrister of the Month.” In 2009, it even published a book containing those profiles, Dayton Barristers in the Second Half of the Twentieth Century. Now it's time to spotlight, not just another Barrister of the Month, but to name and spotlight the “Barrister of the Millennium.” As I look back over the past one thousand years in the Dayton community (and I admit that there is little competition during the first seven hundred years), I am going to focus on and spotlight the life and career of David Carr Greer and proclaim him as the Barrister of the Millennium.

Now in his 60th year of practice, Dave Greer has certainly made his mark as a premier lawyer. Dave’s legal roots are deep. They go back to Memphis, Tennessee and, perhaps, even farther back to Holly Springs, Mississippi. His great-grandfather, James Greer, was born in Mississippi, was educated at Virginia Military Institute, and later became a well-known judge in Shelby County, Tennessee.

His grandfather, Rowan A. Greer, was born in Memphis, Tennessee, and received his B.A. and LL.B. from the University of Tennessee. As a member of the U.S. Army during World War I, he was eventually stationed at McCook Field in Dayton. After his service, Greer stayed in Dayton.

Dave’s father, Rowan A. Greer, Jr., graduated from Oakwood High School, Yale University and Yale Law School, beginning his practice in 1930.

Dave and his older brother, Rowan Allen Greer, III, also graduated from Oakwood High School. Both of them attended Yale University, Rowan graduating in 1956, and Dave graduating Summa Cum Laude in 1959 as a member of Phi Beta Kappa. (Reverend Rowan Greer went on to get a Ph.D. from Yale and have a brilliant career at Yale as a Professor of Anglican Studies). Dave went on to Yale Law School, graduating with an LL.B. in 1962. At Yale, he was the Articles Editor for the Yale Law Journal, working with its Editor-in-Chief, the famous criminal defense lawyer and legal analyst, Alan Dershowitz. After graduation, Dave returned to Dayton and joined the Bieser 4

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Greer law firm where his dad was also practicing.

Dave and his dad each served as President of the Dayton Bar Association, Rowan in 1951-1952, and Dave in 1981-1982. He is a longtime member of the American College of Trial Lawyers. In 2006, he was recognized by the Ohio Super Lawyers Magazine as the best lawyer in Ohio.

Dave presented arguments at every level during his career. In both 1977 and 1979, Dave Greer argued in front of the United States Supreme Court as it heard the appeals in the Dayton school desegregation cases, Dayton Board of Education v Brinkman, 433 U.S. 406 (1977) and Dayton Board of Education v Brinkman, 431 U.S. 526 (1979). This litigation went on for ten years. Dave represented the Board of Education and argued the case three times in the Sixth Circuit Court of Appeals and twice in the United States Supreme Court. Chief Justice Warren Burger presided over those two arguments in the Supreme Court. The first opinion in those cases was written by then Justice (later Chief Justice) William Rehnquist and the second opinion was written by Justice Byron White.

You can access the transcripts for his oral arguments by “Googling” Supreme Court transcripts, adding the name and/or date of case. Here is a link to one of his oral arguments: https://www.supremecourt.gov/pdfs/ transcripts/1976/76-539_04-26-1977.pdf Besides writing his many legal briefs, he excelled in his avocations of literature and history. He has written three books, starting with Sluff of History’s Boot Soles, -- An Anecdotal History of Dayton’s Bench and Bar (2009), a sweeping compilation of 200 years of individuals and events comprising our community’s people, culture, and traditions. His more recent books are God is Merciful: The Colorful Career of John E. Egan (2017) and The Little Man Who Wasn’t There – In Search of Al Fouts (2021).

That interest in history triggered his leadership of the DBA Oral History Project Committee, an idea that had been spawned by then-DBA President, Jeff Swillinger. The Oral History Project Committee is videotaping many of

our DBA members to archive their experiences and preserve their stories for posterity.

And he has helped select, script, and perform many of the Old Case Files presented by Dayton History at the Old Court House during the summer months. These productions were based on actual criminal cases that had occurred in Dayton and that had been covered extensively in the Dayton newspapers. These old cases were great history and great entertainment.

In the 2017 Old Case File of Ohio v. Louis Parker (Montgomery County Common Pleas 1935), about the murder of Chestnut Payne in the lobby of the Postal Telegraph at 3rd and Ludlow, I even made a cameo appearance as a witness, only to face a cross-examination by Dave Greer, Louis Parker’s defense counsel.

In addition to his law and literature endeavors, Dave Greer is also a wellknown musician. Since 1981 he has been strumming and humming with the Classic Jazz Stompers, performing in a variety of festivals, lounges and saloons throughout Dayton, the United States and even Europe. Dave does vocals and plays both a tenor guitar and his favorite classic antique Ome Banjo. Their many CD’s capture their great hits and are readily available from Amazon. Currently, they can be seen live at Jimmie’s Ladder 11, as I did on Mardi Gras this year. Great show.

As if that were not enough, Dave has long been a part of a fishing team that always included local lawyers, Jamie Greer (Dave’s son) and Lance Gildner.

This team has competed in many world-class tuna fishing tournaments over

the years, including several in Cabo San Lucas, Mexico. They have had enormous successes, often gaffing tunas weighing more than 200 pounds and often winning big prize money. Even at the age of 75, Dave Greer fought a giant yellowfin tuna for two hours before the team managed to haul it on board.

As I was working on this column, I looked up the word “renaissance” and it was defined as the fervent period of discovery of the arts, philosophy, literature, and economics. But, if you look up “Renaissance Man” in the dictionary, you will see a photo of Dave Greer. It’s no wonder. He is interested and knowledgeable in the entire renaissance spectrum, whether it is attending the Shakespeare plays at the Stratford Festival in Canada, or simply grabbing a bottle of beer during a Classic Jazz Stompers gig.

Dave Greer has earned his place in the history of the Dayton Bar Association because, whether he is gaffing a yellowfin tuna, strumming his banjo, orating Shakespeare, or debating in the United States Supreme Court, Dave Greer continues to be an inspiration to all of us and deserves to be honored as the Barrister of the Millennium.

Photograph below Dave & Merle

Photograph at left Jamie, Dave Dunton, Dave and Lance

By Merle Wilberding Esq. Coolidge Wall Co., LPA Wilberding@coollaw.com april 2022 |

DAYTON Bar Briefs

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Column

TrusteersMessage:

Rolling with the Changes W

ith time comes change. As I write this article, my firm is celebrating its 168th anniversary, my father, David, is celebrating his 60th year of practicing law while I am into my 32nd year of practicing law. I cannot imagine what it was like to practice law in the second half of the 19th Century or the first half of the 20th Century. My father has told the story more than once of how strong legal secretaries were when he started practicing back in 1962. The reason for their strength was the only way to make copies of letters was through carbon paper and, therefore, they had to be able to hit the typewriter keys hard enough to make a second or third copy of a letter through the stroke of each key. Although I do not remember the carbon paper days, I do remember when the firm got its first Xerox machine and how cool my brother, sister and I thought it was to make copies of our little hands when Dad would swing by the office with us on a Sunday. Looking back on it, the ability to make copies of documents with a machine had to be a huge change to the practice of law. The other huge change in the practice from when my father was a young lawyer is that there were no rules of discovery back in those days. As a result, trials were much more prevalent. In the 70s, he was trying jury trials every week. My job back then was to fetch him a beer or two as he sat at his desk working each night after dinner and I remember thinking to myself that I hope I do not ever have to work that hard someday.

Looking back on my 32 years of practice, it is amazing how many changes have occurred and how lawyers have adapted. Although maybe not as big of a deal as the invention of the copy machine, the new standard of office equipment that was being utilized when I started practicing in 1990 was the fax machine. For those of you who remember back in those days, the paper used was thermal paper that came in rolls and you would need to flatten out your fax copy after receiving it. In addition, because the paper was heat sensitive, the sun coming through your window could bleach out the paper quite easily making the fax difficult to read. The fax machine was the first thing that really sped up the practice of law. For the first time, a letter could be answered the same day it was written. On occasion, there may be back and forth letters occurring more than once in a single day. Of course, faxing correspondence 6

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By Jamie Greer Esq. DBA Member-at-Large Bieser Greer & Landis LLP jhg@biesergreer.com

changed over to email correspondence which made the pace even faster. Just think, if all the emails you send out and received today were actually individual letters or faxes.

In the 90s when we had a big document business case, the production was always in paper and we would send a team of lawyers and paralegals to go through rooms full of documents and tag what we wanted produced while at the same time making a written index of all that we reviewed. As difficult and time consuming as that sounds, it still feels like it was a lot easier than where we are today with electronic discovery. The evolution from no discovery to paper discovery to electronic discovery affected everyone who practices commercial litigation. The changes were huge, but once again lawyers and judges adapted.

I have also thought about all the other changes that have occurred in my practice in the last 32 years. The rise of mediation began right after I started practice and the rise of mandatory arbitration through arbitration clauses was also in full swing.

That coupled with tort reform and the expense of electronic discovery all contributed to the erosion that has occurred in civil jury trials. If you speak to any experienced judge, he or she will confirm that they do not see as many civil jury trials as they used to. In fact, if you ask a federal judge they will probably tell you that they are almost non-existent in the last five years.

That brings me to the current changes that we are seeing which were all spawned through the Covid pandemic which began in March of 2020.

Since that time, the era of doing things in person has changed greatly. We are e-signing documents, virtually notarizing documents and meeting virtually. The idea of everyone working at an office has forever changed and clients working at their home rather than in an office is no longer an exception to the rule. My belief has always been a meeting or deposition is always more fruitful faceto-face. In fact, I believe that is why

video depositions never really took off even though we have had that technology for over thirty years.

Covid has changed that. I do not see a future where lawyers will again fly all over the country to meet or depose witnesses. It will likely be done by zoom for the most part. It will also be interesting to see what a typical law office looks like ten years from now when the legal population will all have reupped their leases. The idea of being virtual will never go away. Like everything else, it will also evolve. It will touch everything from meetings to mediations to arbitrations to hearings and trials.

Whatever those changes end up being again, lawyers will adapt. There is a line in the 1978 REO Speedwagon song, “Roll With The Changes,” that goes “got to learn to, got to learn to roll.” Lawyers and judges have been doing that since the beginning of time and will continue until we are nothing but a memory.

Jamie & Dave 95'

2022-2023 DBA Board of Trustee Nominees

In accordance with Section 2, Article III of the Dayton Bar Association Code of Regulations, Regular Members shall have the right to nominate another candidate or candidates for any elected office for which vacancies exist to be filled at the Annual Meeting not later than noon on the 15th day of the month following the publication of the nominee’s names.

One must deliver to the Association office, a nominating petition signed by at least twenty-five (25) regular (voting) members of the Association whose dues for the current fiscal year are paid.

Members nominated by the Nominating Committee and approved by the Board of Trustees for vacancies that will exist as of July 1, 2022 are: Second Vice President and Treasurer

Second Vice President: The Honorable Judge Michael Newman U.S. District Court, Southern District of Ohio Walter H. Rice Federal Building and U.S.Courthouse 200 W. Second St., Rm 505 Dayton OH 45402-1443 937.512.1640 michael_newman@ohsd.uscourts.gov Treasurer: Jamar T. King Esq. Thompson Hine LLP 10050 Innovation Dr., Ste. 400 Miamisburg OH 45342-4934 937.443.6500 jamar.king@thompsonhine.com

Elections will take place at the DBA Annual Meeting Luncheon at Noon on Thursday, June 2, 2022.

Mark Your Calendars and Register Online!

DBA Events in Appreciation of YOU All throughout the month of May!

DBA Member Appreciation Month

2 10 11 12 12 14

Chancery Club Luncheon: Law Day Celebration DBA Complimentary Photo Session Day #1 Celebration of Life Memorial Luncheon DBA Complimentary Photo Session Day #2 Leadership Development Cornhole Tournament Volunteer Day at The Foodbank Dayton Urban Garden

april 2022 |

DAYTON Bar Briefs

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8

9

Feature

BaristeroftheMonth:

John F. Haviland Esq. Bieser Greer & Landis, LLP

L

ike so many of us, John Haviland arrived in Dayton from afar, looked around, and decided to make it home. Bred in the shadow of Manhattan that is Clifton, New Jersey, John left the Garden State in the fall of 1978 to attend the University of Dayton as an undergraduate.

After earning bachelor of arts degrees in history and criminal justice, John entered U.D.’s law school in the fall of 1982. If any thoughts entered John’s mind about returning to New Jersey after law school, they dissipated when he married Karen Duncan, his college sweetheart, two days into his third year.

There was no honeymoon for the Havilands, only work in the defense industry for Karen and a final year of legal studies for John in preparation for their long and successful marriage ahead.

To John, a life and career in Dayton must have been unexpected when he arrived here as a college freshman. After graduating from Clifton’s Paul VI High School in 1977, John enrolled at Montclair State University, but left after one month finding it somewhat too provincial for his taste. Over the following year, John drove a delivery truck throughout Manhattan and Long Island for his father’s employer, James H. Matthews & Co., a Pittsburgh-based manufacturer of roller stamp dies used to make corrugated boxes.

When the fall of 1978 came round, it was time for John to get his college studies underway.

Notably, all four of John’s siblings are college educated, two with advanced degrees. About where to enroll, John sought the counsel of his sister’s boyfriend, a newly-minted Dayton graduate.

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On his advice, John submitted his one and only college application to the University of Dayton, a school he never even visited until he arrived on campus as a freshman.

When it came to choosing a law school, John entertained the prospect of commingling with the Jesuits at Boston College, but things were getting serious with Karen, and with her college senior year ahead, John chose Dayton.

Toward the end of his first year, John began looking for summer employment. Through a mutual friend, Ted Shank’s son, Craig, informed John that Bieser, Greer & Landis was seeking a summer clerk. John applied and interviewed for the position, but was informed that what the firm was really looking for was a law student after completion of the second year. As Bieser Greer’s summer clerk search continued, John worked as a paid research assistant to his property law professor, James G. Durham. By July 1983, Bieser Greer’s summer law clerk position remained unfilled; whereupon, it was offered to John. He accepted and has remained with the firm ever since.

Today, we recognize John as one of Dayton’s leading medical malpractice defense attorneys.

But, those of us who were here when John began his legal career recall that he was baptized in the practice during David Greer’s advocacy in the Ponderosa takeover suit and later in the Mead Data Central antitrust and trademark infringement cases. Sadly, much of that high-profile complex commercial litigation has left Dayton along with the enterprises that spawned it. What has remained in complexity of subject matter is medical malpractice litigation to which John turned his attention in the early 1990s.

Leading Bieser Greer in defense of doctors and hospitals in that era were now-Judge Michael Krumholtz and Howard Krisher. Most often, Mike and John rose in defense of Good Samaritan Hospital and doctors affiliated with it. Howard devoted most of his time and energy defending Kettering Health Network doctors and hospitals. By the late 1990s, Howard was joined and assisted ably by Joseph L. Feller, but when Feller left Bieser Greer to become Kettering’s chief legal counsel, Howard lamented that Feller

who was once his servant had precipitously become his master. John experienced no similar indignity. After Mike Krumholtz’s ascendence to the common pleas court bench in 2012, John became Good Sam’s go-to trial lawyer, a distinction he currently holds at Atrium Medical Center in Middletown now that Good Sam has been erased from Salem Avenue’s landscape. In this role, and in an era when civil jury trials are occurring less and less frequently, John nevertheless remains no stranger to courtroom warfare.

Indeed, John has tried more cases to verdict within and without Montgomery County than most litigation departments in corporate law firms. In that very real sense, John is one of a dying breed of lawyers.

At home, John and Karen have an empty nest after 36 years of marriage. They have two daughters, Courtney, 35, and Kelsey, 32. Courtney and her husband, Danny Slater, live in Enon with their two children, Ethan, 3, and Savannah, 5 mos.

Danny is a pilot for Delta Airlines when he is not serving as a captain in the Ohio Air Guard. Kelsey, a director for CapTech Consulting, and her husband, James Ceavers, live in Miami, Florida. Karen left the defense industry in the 1990s to raise the kids and support John and the City of Oakwood where they live. At various times, Karen has served on the Business Advisory Council of the Oakwood City Schools. She has also coached swimming and cheerleading for Oakwood High School.

Now in his early 60s, John has no imminent retirement plans. Aside from Bieser Greer’s reputation as one of Dayton’s top law firms, its lawyers are well-known for practicing full-time well beyond what many would regard as retirement age. John likely fits that description and as such will remain one of Dayton’s preeminent trial lawyers.

By Tom Intili Esq. INTILI Group tom@igattorneys.com

DBA Membership

The DBA Board of Trustees has approved the following for DBA Membership:

April 2022 || DBA Section Meetings Register today to sit in on an DBA Section Meeting!

ATTORNEYS:

PARALEGALS:

Stephen Abshire Esq.

Tasha Schreckengost

Cordell & Cordell

Porter Wright Morris & Arthur PLL

Samuel Richardson Esq. Shelby County Public Defenders Office

LAW STUDENTS:

Contact Kate Bertke:

kbertke@daybar.org | (937) 222.2324

Tuesday, April 5

Monday, April 18

Juvenile Law @ Noon

Federal Practice @ Noon

Isabel Suarez Esq.

Trent Jones

Isabel Suarez Law Office

Stewart Dalton

Jeffrey Wren Esq.

Marie Poinsatte

Wednesday, April 6

Wednesday, April 27

Craig T. Matthews & Associates

Kaylin Ely

Estate Planning Trust & Probate @ 4pm

Criminal Law @ Noon Digital Forensics

Dealing with Difficult

- 1.0 CLE hr

Clients - 1.0 CLE hr

YLD @ 5pm

! e t a D e h t e Sav 2022 November 4,

Thursday, April 7

A Social Happy Hour!

Real Property @ Noon Update on Improvements at the MCCFA/Dayton Convention Center

Thursday, April 28 Paralegal @ Noon Corporate Counsel @ 5pm

Tuesday, April 12

FMLA & ADA Risk

Civil Trial Practice @ 5pm

Avoidance for Corporate Counsel 1.0 CLE hr

Wednesday, April 13 Appellate Practice @ Noon

30th Annual ference n o C r a B h c n Be

daybar.org to register! april 2022 |

DAYTON Bar Briefs

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Feature

Federal Practice

Better Know a

Justice

By Daniel A. Gentry Esq. | Coolidge Wall Co., LPA | gentry@coollaw.com

I

was lunching with colleagues near the end of February when one of them touched on the State of the Union address and the scarcity of good news. The long-overdue nomination of an African-American woman - Ketanji Brown Jackson - to the United States Supreme Court was a bright spot. Another colleague almost immediately noted that she had authored exactly one appellate decision before her nomination.

The implication behind the comment is obvious and plays to a certain political narrative that is, to put it mildly, unkind. But it made me wonder, how unfair was it given that judicial experience would seem to be an important qualification for the position? Rather than arguing the politics, I thought it would be more interesting to focus on the facts. I reviewed Supreme Court nominations and focused mostly on the period beginning with Ronald Reagan’s presidency. This period falls within my ability to recall some details, and I uncovered some tidbits worth sharing.

First, and perhaps most importantly, a lack of judicial experience has not prevented either of the currently dominant political parties from nominating a candidate. William Rehnquist, Reagan’s nominee for Chief Justice in 1986, had no judicial experience when President Nixon nominated him to become an Associate Justice in 1971. Chief Justice Rehnquist clerked for Supreme Court Justice Robert Jackson but did not serve as a judge before his nomination.

By contrast, Justice Sandra Day O’Connor, the first woman nominated to the US Supreme Court, had abundant judicial experience. Her experience was limited to Arizona state courts rather than federal courts when President Rea12

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gan nominated her in 1981. Justice O’Connor had no clerkship experience.

By the way, President Biden is not the first to fulfill a campaign promise regarding a judicial nomination, given President Reagan’s promise in October 1980 to name a woman to “one of the first Supreme Court vacancies in my administration.”

I was surprised to discover that Justices Rehnquist and O’Connor were law school classmates at Stanford even though his nomination preceded hers by ten years. In an interesting historical footnote, moreover, they dated for a time in law school, he proposed, but she declined in favor of the gentleman who became her husband.

Justice Elena Kagan, nominated by President Obama in 2010, had no judicial experience. But she had served, as is true for so many nominees, as a clerk to a Supreme Court Justice.

Justices Kagan and Rehnquist may be outliers within my study, but it is worth noting that many other nominees came to the Supreme Court without judicial experience. The names include some notable characters, even in this lofty realm: Lewis Powell, Abe Fortas, Byron White, Arthur Goldberg, Earl Warren, Tom Clark, Harold Burton, Robert Jackson, James Francis Byrnes, William O. Douglas, Felix Frankfurter, and Stanley Forman Reed only take us back to 1938.

None of them were judges before their nominations. So, they had authored zero appellate decisions.

To those among us who profess dislike for hyphenated descriptions of candidates, Justice Antonin Scalia was the first Italian-American nominated to serve on the Supreme Court when

President Reagan nominated him in 1986. The vote confirming Justice Scalia, moreover, was 98-0.

Justice Amy Coney Barrett seemed like a youthful candidate at age 48. But Justices Thomas (43) and Rehnquist (47) were younger. Many nominees are only a little older – 50-52 has been common from 1980 until now.

Since 1980, eight nominees had less than five years of federal judicial experience when they were nominated. Ketanji Brown Jackson has about nine years of federal judicial experience (eight as a US District Court Judge).

Like the vast majority of recent nominees, Ketanji Brown Jackson graduated from a leading Ivy League law school – in her case, Harvard.

In addition to her Supreme Court clerkship, she clerked at the federal district court and appeals court levels.

This study leads me to conclude that past Supreme Court nominees have more diverse backgrounds and qualifications than I first thought. All the nominees have interesting backgrounds and experiences. Greater diversity in our highest court better reflects our society and should be embraced. The volume of a nominee’s appellate decisions is not now and never has been of critical importance. So, next time you are on the verge of repeating a talking point, consider doing a little homework instead.

DBA Member Appreciation Event!

april 2022 |

DAYTON Bar Briefs

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Feature

Paralegal Day Celebration

By Vanda Morgan, Chair, Paralegal | Taft, Stettinius & Hollister, LLP | vmorgan@taftlaw.com

W

hen one thinks about the legal profession, oftentimes the first people that come to mind are attorneys, prosecutors, and judges.

And while these people all play a vital role in maintaining law and order in our society, we often forget about the unsung heroes of the legal community, paralegals.

Paralegal Celebration Day is celebrated on April 14th, 2022, and calls for a celebration of paralegals and the important work they do. As any law student, legal practitioner, or judge will tell you, an immense amount of documentation and paperwork goes into practicing law. Reams of evidence, several drafts of legal documents, and a vast amount of research are part of the work that attorneys and advocates do every day and paralegals are usually right there alongside them when completing these tasks. Paralegals have various duties and roles which are all vital to creating a high-powered, efficient and successful firm. Without paralegals, attorneys and other legal professionals would have a much bigger workload and as a result, would likely be unable to assist every

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client that approaches them. When viewed in this light, it is apparent that paralegals are necessary and even essential to all legal professionals and aid in ensuring greater access to justice and the law by enabling lawyers to take on more clients.

And so, it is important that we dedicate a day to recognizing and praising the important work that paralegals do. Paralegals are highly-skilled professionals who not only require a basic understanding of the law but exceptional organizational and time-management skills, the ability to communicate with legal practitioners with whom they work alongside, remarkable research skills as well as the ability to do various other administrative tasks. It is clear that the legal profession would suffer greatly from their absence. Paralegals work tirelessly every day to improve general efficiency and effectiveness in the legal sphere. To all paralegals, please know that your work is recognized and greatly appreciated every day, but this one is especially for you, Happy Paralegal Celebration Day!

DBA Member Appreciation Event!

april 2022 |

DAYTON Bar Briefs

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DBA Continuing Legal Education

: APRIL-JUNE 2022

DBA CLE APRIL 2022

TUESDAY MAY 10

WEDNESDAY APRIL 20 Noon - 1:30pm | Zoom | 1.5 Gen hrs

Civil Litigators Strategies and Tactics with William J. Price, Elk & Elk For the busy practitioner who needs a refresher on certain concepts which form the basis of the most used rules and what "language" needs to be applied when arguing the case to the court. Learn how to: Protect your Appeal, the Most Common Evidentiary Mistakes, Substitutes for Evidence and How To Use Them.

THURSDAY APRIL 21 2:45pm - 5:00pm | DBA Office | 2.0 Gen hrs Pet Planning with Laura Martin, Wright & Schulte

Become more comfortable talking to your clients about their furry, feathery and other family members. Learn how to draft routine estate planning documents that provide for the specific needs of pet and animal owners.

TUESDAY APRIL 26 Noon - 1:00pm | Zoom | 1.0 Gen hr

Ran-Some, Lose-Some: Preparing for and Surviving Against Ransomware Attacks with Zach Heck and Zenus Franklin, Taft Law Ransomware events are affecting companies of all sizes and industries. With no signs of slowing down, this interactive presentation will highlight the legal risks ransomware poses to organizations, how you can prepare companies for a ransomware attack, and what the landscape looks like when you are hit with a ransomware attack. Also covered, the legal risks and procedures surrounding state AG investigations, civil litigation, and OFAC due diligence.

WEDNESDAY APRIL 27 Noon - 1:00pm | Zoom | 1.0 Gen hr Criminal Law Section presents:

Identifying, Preserving and Using Digital Evidence with Greg Kelly, Vestige Digital Investigations Case studies of relevant matter types geared specifically to the interest of the audience, information on what Digital Forensics is and What it is Not, what information a participant needs to know about the accepted Digital Forensic methodology to ensure evidence authenticity, admissibility and accurate results that will withstand cross-examination.

Includes case studies.

FRIDAY APRIL 29 Noon - 1:30pm | DBA Office | 1.5 Gen hrs | *Lunched provided!

Bike Law 101: An Introduction to Bike Law & Bike Crash Cases with Ohio's Bike Lawyer, Steve Magas Bike Law History, Modern Bicycle Laws, an Overview and Application of the ORC, and Bicycle Crashes.

Jason Matthews, LLC

WEDNESDAY MAY 18 9:00am-12:15pm | Zoom Video Replay | 3.0 PC hrs

The Ethical Lawyer (Video Replay) with DBA Bar Counsel, John Ruffolo, Ruffolo Stone & Stone 4:00pm-5:00pm | DBA Office | 1.0 Gen or NLT hr

Mediation Do's and Don'ts with Jeff Ireland, Faruki+ PLL For 40 Jeff has been preparing commercial cases for trial. Along the way, most have settled, some as the result of good old-fashioned bargaining between lawyers, some with the intervention of the court, and increasingly as a result of mediation. In the past 7 or 8 years, he has been retained as a private mediator. Learn how attorneys (and their clients) can maximize the opportunity for a successful mediation.

THURSDAY MAY 19 4:00pm-5:00pm | DBA Office | 1.0 Gen hr

Name Image and Likeness Rights for NCAA Athletes with Luke Fedlam, Porter Wright Morris & Arthur LLP In July 2021, student-athletes at colleges and universities across the country gained the right and ability to start earning compensation from the licensing of their name, image and likeness (NIL). NIL represents one of the most significant changes to college sports in history; but, what exactly is NIL? How did we get to where we are today? Where are things going?

These questions will be discussed during this presentation through the understanding rstanding of the impact of state laws, school policies, and a very significant Supreme Court ruling. uling.

FRIDAY MAY 20 8:30am-4:00pm | DBA Office | 5.0 Gen hrs + 0.5 PC hrs

Criminal Law Certification Attend this seminar if you are interested in qualifying for the appointed counsel program.

TUESDAY MAY 24 Noon-1:00pm | Zoom | 1.0 Gen hr Appellate Court Practice presents:

Persuasive Appellate Brief Writing and Argument with Judge Chris Epley, Second District Court of Appeals A review of effective brief writing, persuasive oral argument, and the rules that govern both.

WEDNESDAY MAY 25 9:00am-10:00am | Zoom Video Replay | 1.0 Gen hr

Marriage Equality (Video Replay) with Christopher Riano

TUESDAY JUNE 21

WEDNESDAY MAY 4 Noon - 1:00pm | DBA Office | 1.0 Gen or NLT hr Young Lawyers Division presents:

Legal Basics: An Introduction to Nonprofit Organizations and Board Service with Erin Childs, Exec Dir., Pro Bono Partnership of Ohio DAYTON Bar Briefs |

Ethical Dilemmas of Attorneys and Legal Support Staff Working Remotely with Jason Matthews,

JUNE 2022

MAY 2022

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Noon - 1:00pm | Zoom | 1.0 PC hr Employment Law & Workers' Comp Sections present:

april 2022

Noon-1:00pm | Zoom | 1.0 Gen hr

Slavery and the Consitution with Jeffrey Schmitt, Asst. Dean, UD WEDNESDAY JUNE 29 Noon-1:00pm | Zoom | 1.0 Gen hr

Gun Law for the Everyday Practitioner with Derek Debrosse, Barney DeBrosse, LLC, Attorneys at Law

DBA Continuing Legal Education

Agenda: 8:30 AM - 9:00 AM

Welcome and Introduction Judge Richard S. Skelton, Montgomery County Common Pleas Court 9:00 AM – 10:00 AM

Arraignment, Bond, and Client Contact/Control Case Evaluation Michael P. Dailey Esq, Montgomery County Public Defender’s Office Alysia A. Goss Esq, Montgomery County Public Defender’s Office 10:00 AM – 10:15 AM Break 10:15 AM – 11:00 AM

Intervention in-Lieu-of Conviction (ILC), “Know your Judge” and Pre-Trial Motions Susan F. Souther Esq, Montgomery County Public Defender’s Office Travis T. Dunnington Esq, Montgomery County Public Defender’s Office 11:00 AM – 12:00 PM

Court Expectations, Specialized Dockets and Collegiality Judge Gerald Parker, Montgomery County Common Pleas Court Judge Richard S. Skelton, Montgomery County Common Pleas Court 12:00 PM – 1:00 PM Lunch 1:00 PM – 2:00 PM

Trial Preparations, Witness Preparations and Cross Examination Judge Steven K. Dankof Sr., Montgomery County Common Pleas Court Judge Richard S. Skelton, Montgomery County Common Pleas Court 2:00 PM – 2:30 PM

Ethics and Criminal Law and Domestic Violence Affidavits Judge Richard S. Skelton, Montgomery County Common Pleas Court John Stephen Pinard Esq, Pinard and Bryan Law Office 2:30 PM – 2:45 PM Break 2:45 PM – 4:00 PM

The Record, Billing Process and Fees, and the use (or not) of Expert Witnesses Judge Richard S. Skelton, Montgomery County Common Pleas Court John Stephen Pinard Esq, Pinard and Bryan Law Office Kyle Lennen Esq, Lennen Law LLC

Don't miss this awesome lineup of Judges and Speakers!

REGISTER TODAY! daybar.org kbertke@daybar.org 937.222.2324

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DBA On-Demand CLE

The On-Demand DBA CLE library is available online 24-7, 365!

New programs added weekly.

Stream from your the location.

Thank You Supreme Sponsor!

Discounted rates for Members.

UNL CLE Members access all On-Demand content for FREE!

2022 Domestic Relations Institute

d a…basNEs//e 5afaseb dbac,eEffice: (937) 222-2324

Thank you, Sponsors!

PLATINUM PARTNER:

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District Sponsor:

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Feature

Workers' Comp & Social Security

Abandoning Voluntary Abandonment

By Joshua R. Lounsbury Esq. | Coolidge Wall Co., LPA | lounsbury@coollaw.com

W

hen an employee is unable to return to his or her former position of employment due to a workrelated injury, that employee may receive temporary total disability compensation (“TTD”) through the Workers’ Compensation system while he/she recovers. TTD benefits will continue until one of several defined events occurs. One of these events is (was) voluntary abandonment. When a claimant’s voluntary actions, rather than his/ her industrial injury, cause a loss of wages, that claimant is no longer eligible for TTD compensation. Two years ago, I wrote about the expansion of the voluntary abandonment rule. Initially voluntary abandonment included voluntary retirements or resignations. The rule, however, expanded over time to include periods of incarceration and certain terminations.

The Supreme Court previously limited the scope of voluntary abandonment by holding that an injured worker remained entitled to TTD if he/she was disabled due to the workrelated injury at the time of the separation of employment. In other words, if an injured worker was disabled at the time that he/she resigned, retired or terminated, he/she was still eligible to receive TTD. That changed in 2018 with State ex rel. Klein v. Precision Excavating & Grading Company. Less than a week before sustaining a significant workrelated injury, Klein informed his employer that he planned to quit to move to Florida.

After his injury, Klein followed through with his plans and moved to Florida. It was undisputed that Klein was unable to work at the time he quit and moved to Florida.

Despite that fact, the Supreme Court found that his resignation constituted a voluntary abandonment of employment, precluding the payment of TTD. Last year, Ohio abandoned the voluntary abandonment doctrine. House Bill 81 reset the law in this area. The law now states, “If an employee is unable to work or suffers 20

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a wage loss as a direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the employee is otherwise qualified. If an employee is not working or has suffered a wage loss as a direct result of reasons unrelated to the allowed injury or occupational disease, the employee is not eligible to receive compensation under this section.” The General Assembly went on to indicate, “It is the intent of the General Assembly to supersede any previous judicial decision that applied the doctrine of voluntary abandonment to a claim brought under this section.”

On its face, the new statute seems straightforward. If an employee suffers a wage loss due to his/her injury, he/she is entitled to benefits. If an employee suffers a wage loss due to reasons unrelated to his/ her injury, he/she is not eligible for benefits.

The problem with this statute is that the voluntary abandonment case law answered whether benefits were payable when both things are true. What happens when a claimant is disabled due to his/her injury and also not working for reasons unrelated to the injury? For example, a claimant may retire following a work-related injury and not work for years thereafter and then require surgery for the work-related injury. While recovering from the surgery, the claimant clearly would not have been able to return to his/her former position of employment, which he/she abandoned years earlier when he/she retired.

Under the new statute, is he/she eligible to receive benefits? Unfortunately, years of case law will no longer be able to assist attorneys in answering this question.

I have heard attorneys from the plaintiff ’s bar argue that the new statute eliminates voluntary abandonment altogether. I have heard attorneys on the defense bar argue that the statute merely codifies the prior case law.

Clearly, both sides cannot be right. Unfortunately, it will now be years before we

understand what the new statute means.

Rather than clarifying this issue, the legislature only muddied the waters for both employers and injured workers over the next several years.

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

DBA Member Appreciation Event!

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Feature

Young Lawyers

A Paralegals Path to the Other Side of the Bar

By Samantha Janning Esq. Judicial Staff Atty | Mont. County Juvenile Justice Ctr | Samantha.Janning@mcjohio.org

W

hen I graduated college in 2009 from The Ohio State University, I was just 21 and not ready to commit to law school. Instead, I enrolled in an accelerated ABA-approved paralegal program in San Diego, California. I graduated in September 2009 and started working in the litigation department of a prominent creditor’s rights firm shortly thereafter.

In 2016, I moved to a non-profit organization that provided free legal services to Ohio State students. Don’t get me wrong – I loved being a paralegal. I enjoyed the challenging metrics of managing a high case load and working with my attorneys as a team. But, by the end of 2016, I had grown tired of the limitations that come with being a paralegal; I was tired of saying “let me talk with the attorney and I’ll get back to you.”

So, in the fall of 2017 I moved to Cincinnati and started law school at the University of Cincinnati College of Law. Having graduated with my bachelor’s degree in 2009, it had been a while since I was in an academic setting and things were really different.

During my undergraduate years at OSU, I don’t recall many students bringing laptops to class and I remember actually going to the library and physically pulling the American Law Reports during my paralegal program. But during law school, everybody always had their laptops out during class; typing frantically, googling answers, looking up case briefs. Not that I blame them for wanting the information at their disposal at all times, but it just wasn’t my style. I was the odd one out with my graph paper and colored pens, drawing charts, arrows, and little pictures that helped explain personal jurisdiction. My notes really were a work of art, sometimes.

Overall, I truly loved the law school experience. Despite the long days and arduous schedules, I felt both privileged and honored to be studying the law. After having worked in the shadow of some really great attorneys, I felt a certain sense of pride undertaking a challenge 22

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that I was intimidated by for many years. To me, there was nothing better than sitting in a lecture hall, soaking it all in.

In the last semester of my law school career, I started planning my graduation party and ordering my regalia for our hooding ceremony. Sadly, I ended up not needing any of that because I graduated via Zoom from my living room, like so many others in the wake of Covid-19. To say it was a letdown would be an understatement. I turned my life upside down to go to law school; I left a great job and great friends to move to a city in which I knew nobody and being unable to share my success with my loved ones was horribly disappointing. In the next months, the bar exam would be scheduled, re-scheduled, and formatted for an online exam. “Stressful” does not even begin to describe that experience.

Nonetheless, there was one stressor that I did not have during this time; finding a job postgraduation. I worked during all three years of law school and combined with my prior paralegal career, I had almost ten years of legal experience by the time I graduated law school. Starting my 2L year, I had begun clerking for a family law office and was excited at the prospect of working there after graduation.

Then, in the fall of my third year I took juvenile law with Magistrate Kathleen Lenski. I received the CALI Award for Excellence and found myself really interested in a part of family law that I had not previously considered.

Magistrate Lenski and I stayed in touch after the course ended and when the Judicial Staff Attorney position opened for Judge Capizzi at the Montgomery County Juvenile Court, she gave me no choice but to apply.

Now, it’s been almost two years since I started working for Judge Capizzi. As I reflect on my experience, I believe that my years as a paralegal have been invaluable. Writing and research aside, I have found that case management and communication are highly important parts of my job.

As a paralegal, I balanced both court and client imposed deadlines, sometimes for hundreds of cases at a time, which weren’t always in sync. These challenges forced me to develop strong organizational and time management skills, which have carried over into my work as an attorney. For example, I calendar every deadline in every case that I’m working on, and I include self-imposed deadlines to ensure that our cases reach a timely disposition. Additionally, I keep detailed notes on the status of each case, who is involved, and what needs addressed by the Court at any upcoming hearings or in any forthcoming entries. When the Judge or someone else asks on the status of a case, the answer is always right at my fingertips.

Although law students are required to take a client counseling class to learn how to communicate, nothing compares to the real thing.

As a paralegal, I often fielded difficult calls from clients, court staff, and opposing parties, all which carried unique challenges. When I worked for the creditor’s rights firm, I quickly had to learn empathy and how to speak in layman’s terms while maintaining professional responsibilities (like not giving legal advice). As part of the Juvenile Court’s staff, this experience has helped guide my interactions with those who come through our doors.

Many law students graduate without ever having stepped foot in a courtroom or a law firm and many new attorneys have never spoken with a real person facing a legal dilemma. Luckily, my years as a paralegal prepared me for the real world in a way that law school never could. Judge Capizzi took a chance by hiring a brand new law school grad and if it weren’t for my prior experiences as a paralegal, he might not have taken the chance at all.

DBA Member Appreciation Event!

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Column

FromtheJudgersDesk:

Learning from the Pandemic:

Modernizing Court Practices to Incorporate Technology

By The Honorable Mary Kate Huffman Montgomery County Common Pleas Court Mary.Huffman@montcourt.oh.gov

P

erhaps less well-known than our current circumstances, the world has experienced pandemics in recent history – the 2009 H1N1 pandemic, the 1968 Influenza A (H3N3) pandemic, and the 195758 H2N2 (known as the “Asian Flu”), and many others dating back to the “Spanish Flu” pandemic in 1918-19. Nothing, about those experiences, though, prepared the legal community for the Covid-19 pandemic the world experienced beginning in early 2020.

The legal system represents an institution that responds to change glacially, as anachronistic but long-held practices permeate our traditions.

Over the past several years, judges and lawyers have come to embrace technology in legal proceedings, including, but not limited to remote depositions and electronic discovery. The pandemic, and particularly the Ohio Supreme Court’s recommendation that, whenever reasonable, courts should evaluate the appropriate use of technology in legal proceedings, inspired the reconsideration of how we do business as courts.

In September, 2020, Chief Justice Maureen O’Connor authorized the formation of the Improving Court Operations Using Remote Technology (iCourt) Task Force, charging the members with studying how courts employed technology during the pandemic and recommending rule changes to permit the continuing use of technology to improve access to justice and to modernize court operations.

In its report, the iCourt (Improving Court Operations Using Remote Technology) Task Force recommended that courts robustly utilize technology in judicial proceedings and adapt rules governing the practice and procedure of courts to incorporate into the culture of the legal practice the use of technology, with the corresponding effect of promoting access to justice.

In September, 2021, the Commission on the Rules of Practice and 24

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Procedure made numerous recommendations to the Justices of the Ohio Supreme Court for rule modifications, incorporating many of the proposals offered by the iCourt Task Force. Across the various rule categories (civil, criminal, juvenile and evidence), the Commission endeavored to recommend consistent language and definitions regarding remote appearances, and the proposed rules more readily provide guidance on remote appearance. “Remote appearance” is defined by the rule proposals as “the presence of a person who is using live two-way video and/or audio technology.” Mindful of the importance of public access to courts, “open court” is defined in the amended rules as “a court proceeding open to the public in person or by remote access to the live proceeding.” Under the proposed rule changes, judges retain the authority to determine the propriety of a remote appearance and the rules specifically permit the court to order a party, attorney or witness to physically appear at a proceeding. In other words, the rule proposals prohibit a unilateral decision by a party, attorney or witness that the individual will appear remotely.

Anticipated changes to Civ. R. 39 will permit a jury trial to be conducted remotely, but the Commission chose not to recommend, at this time, a change to the Criminal Rules to permit remote trials. The Commission intends to continue the study of remote trials in criminal matters, particularly relating to the unique concerns for compliance with the Confrontation Clause. Note that the proposed modifications to Civ. R. 39 requires that, if the court permits a remote trial, the jury must be physically present in the courtroom unless all parties and the court agree otherwise. Remote appearance raises challenges associated with the court’s authority when the party or witness is located outside of the State of Ohio during testimony. Amendments to Civ. R. 43 should remedy the

DBA Member Appreciation Event!

Register Today!

Please note special dates. Caterers to be announced soon.

Thursday, April 14

Monday, May 2

Doors open 11:30am; Program Noon The Old Courthouse

Doors open 11:30am; Program Noon The Old Courthouse

New Executive Director of the GDVLP, Summer Hawks, will provide an introduction and update on VLP.

TB'Ba7CBaBciC7}bL}BcB of the season will be in celebration of Law Day!

The DBA would like to thank The Eichelberger Foundation for its generosity in sponsoring this year's luncheons!

concerns of out-of-state participants, and will require each witness appearing remotely to affirm on the record that the witness submits to the jurisdiction of the Ohio courts for purposes of enforcement of the oath or affirmation, including consideration of the potential for charges of perjury.

Consistent with the iCourt Task Force recommendations, the Commission on the Rules of Practice and Procedure recommended a change to Civ. R. 5, which will require that each court, through its local rules of court, provide for some means of electronic filing. The rule does not place any specific requirement for the type of electronic filing required (fax, e-mail, an e-filing system), but instead requires some means of electronic filing. No deadline for the implementation of an electronic means of filing is contained within the rule, although the Staff Note to the rule requires that implementation of electronic filing be a priority for all courts. As an ancillary issue, Civ. R. 5 also permits the parties to mutually agree on an electronic platform for serving filings subsequent to initial pleadings.

A second round of public comments on the proposed rule changes closed in late February, and little, if any, changes to the recommendations from the Commission are anticipated. Any rule changes incorporating the use of remote technology by courts adopted by the Ohio Supreme Court will be effective on July 1, 2022.

HERBERT M. EIKENBARY

Trust

What is The Eikenbary Trust?

The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance.

Individual loans, are available up to $6,000 at 4% interest, while grants up to $4,000 are also available.

To Apply: Jennifer Otchy, DBA Chief Executive Officer Dayton Bar Association | 109 N. Main St., Suite 600 | Dayton, OH 45402-1129 jotchy@daybar.org | 937.222.7902 | www.daybar.org april 2022 |

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Sign Up! becomeanohionotary.com

BecE5eafOBaENEas…!

Through a joint venture with the Akron, Cincinnati, Dayton, Toledo and OBE a aeS as B A//EcaaaEf/ , the DBA is helping new and renewing notaries across all of Ohio with all of their education and testing needs. Ohio Notary Services (ONS) is truly the one-stop-shop for all things notary in Ohio, including required courses, tests, and notary supplies.

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

ONS will provide you with a certificate for submission to the Secseas…EfaeS N e^S Visit the Ohio Secretary of State's website and select Fa,eOf,afe to submit your application. e^S Return to NbecE5eafEBaEfEas…NcE5 to purchase your notary supplies. Free standard shipping on all notary bundles! (Use the code “FREE”) 26

Law Related Organizations Contact Jennifer Otchy, DBF & DBA CEO for information about the Foundation.

Dayton Bar Foundation

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Your Gift Will Help

STRENGTHEN Our Foundation.

The Dayton Bar Foundation (DBF) is a 501 (c)(3) charitable organization and serves as the giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBF to continue to fulfill its mission of funding innovative local organizations in their quest to improve our community by promoting equal access to justice and respect for the law. In the past few years your contributions helped to fund grants to:

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

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Dayton Bar Foundation, 109 N. Main St., Ste. 600, Dayton OH 45402-1129 Contributions may also be submitted online: daybar.org/?pg=Foundation Make a donation now and help us make a difference through our programs.

Gifts may also be made in honor or in memory of family, friends or colleagues.

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Law Related Organizations

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Law Related Organizations

Greater Dayton Volunteer Lawyers Project

A Spotlight on Staff

S

pring is a time of growth and change and that is true for the Volunteer Lawyers Project as much as anywhere! 2022 has seen the transition of Executive Directors, from Kelly Henrici to Summer Hawks, and the last year has seen the addition of three new staff paralegals. Here is an introduction to all three, in their own words: Rachel Thompson: I have over 20 years of experience as a paralegal. I worked for my dad, Lester Thompson, at Thompson & Deveny for 15 years doing bankruptcy filings. After dad’s retirement, I spent 5 years working for Stephen Miles in collections. I’ve been with the GDVLP for about 8 months and I am still loving being able to assist our clients with having their debts - and the stresses related to them - removed from their lives. In my free time, I’m involved with my church and I enjoy spending time with my friends and family.

Tricia Griffieth: I have over 20 years of paralegal experience in varied areas, primarily in domestic relations. I have worked with many area attorneys and learned something new and valuable from each one. I recently received my MBA - my thirst for knowledge will never be quenched!

Stephanie Weston: I’ve been a Paralegal since 2012. I always knew I wanted to be a Paralegal, so I earned my Associate’s Degree from Fortis College straight after high school. I spent several years working for criminal defense and family law attorneys, before deciding to take a few years off when my daughter was born. I’ve been back in the work force for about a year now and love every minute of it! In my downtime, I love spending time with my family, playing with nieces and nephews, and doing anything outdoors. I especially love going to concerts and festivals in the summertime.

Please join us in welcoming these ladies to the GDVLP! Our paralegals are our strength, and they spend every day helping people obtain equal access to justice.

Rachel, Tricia and Stephanie

By Summer Hawks, Exec. Dir. GDVLP summer@gdvlp.prg

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Law Related Organizations

University of Dayton School of Law

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DBA Members on the Move & Classified Ads

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JEfaBaf Faulkner

Ada5RN Webbes Ada5RNWebbes has opened his solo practice and will continue his practice in probate litigation, probate estate administration, guardianships, estate planning, employment litigation, and general civil litigation. His offices will remain at 4244 Indian Ripple Rd., Ste. 150., Beavercreek, Ohio 45440 and he can be reached at 937-7978500 or adam@awebberlaw.com. Adam received his law degree from The Ohio State University and his undergraduate degree from the University of Pittsburgh. He is a past member of the DBA’s Board of Trustees and is active in the DBA’s Certified Grievance and Labor & Employment Committees. Adam recently had the achievement of litigating a case all the way to the United States Supreme Court, CIC Services, LLC v. IRS, 141 S.Ct. 1582 (May 17, 2021). It was a 9-0 decision for Adam’s client!

Members on the Move G}"d7"Bm

The law firm of Elliott, Faulkner & Webber has changed their name to Elliott & Faulkner Co., LPA. The address for their North location is: 7700 N. Main Street, Dayton, Ohio 45415 and their new South location is: 75 Harbert Drive, Suite B, Beavercreek, Ohio 45440.

Attorneys with that office include: JEfaBafFa,EfesR,,aaW a5NB E,,aE who has changed his attorney registration status to “inactive”; Da·aa,…e dS sRBsaafEbe R s/R andLasaEEd W sff .

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seggleton@daybar.org | 937.222.7902

FULL-TIME LITIGATION PARALEGAL

Salary Range: $40,00.00 to $60,00.00. Expanding Beavercreek Ohio law firm seeks an experienced litigation paralegal to join our team. The successful candidate will have at least 5 years of experience and provide assistance in commercial litigation and domestic relations. The position requires strong writing and communication skills along with proven experience in all phases of litigation including discovery, trial preparation, motion practice, docketing and managing deadlines. The position provides competitive salary, health and dental insurance, retirement plan and paid vacation. Apply by sending a resume and writing sample to cmcnamee@mcnameelaw.com.

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Brian Roberts

If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received an award, or have other news to share, we’d like to hear from you!

• News of CLE presentations & political announcements not accepted • Printed at no cost • Must be submitted via email and are subject to editing • Printed as space is available

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Da·ad a,…e S s

DISPLAYADINDEX: Daily Court Reporter.........................11 eikenbary trust....................................25 Ferneding Insurance..........................14 LCNB Bank....................................................23 NFP/Rogers McNay...............................29 OBLIC.........................................back cover R.L. Emmons & Associates................20

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• The DBA Editorial Board reserves the right to refuse any ad.

LOCAL COURT RULES

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

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

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

MEDIATION/ARBITRATION

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

MEDIATIONS

Jeffrey A. Hazlett Esq. 5276 Burning Bush Lane Kettering, Ohio 45429-5842 (937) 689-3193 hazlettjeffrey@gmail.com nadn.org/jeffrey-hazlett

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