February 2022
BarBriefs
The Off icial Magazine of the DBA
...For Your Membership
Get the Most From It! details page 7
TRUSTEE'S MESSAGE Get The Most From Your DBA Membership pg 6
real property
from the judge's desk
Expanding Broadband to Improve Digital Equity
You Just Got Served! (...or did you?)
pg 14
pg 18
BarBriefs DBA Board of Trustees 2021-2022
Merle F. Wilberding President
Caroline H. Gentry First Vice President
Anne P. Keeton Second Vice President
Hon. E. Gerald Parker Jr. Treasurer
Michael J. Jurek Secretary
Ebony D. Davenport Member–at–Large
James H. Greer Member–at–Large
Justine Z. Larsen Member–at–Large
Sean P. McCormick Member–at–Large
Fredric L. Young Immediate Past President
John M. Ruffolo, ex officio Bar Counsel
Jennifer Otchy, ex officio Chief Executive Officer
BAR BRIEFS is published by the Dayton Bar Association, 109 N. Main St., Ste 600, Dayton, OH 45402– 1129, as its official publication for all members. Comments about this publication and editorial material can be directed to the DBA office. The DAYTON BAR BRIEFS is published September through Summer. Paid subscription: $30 / year Library of Congress ISSN #0415–0945 Jennifer Otchy Chief Executive Officer Shayla M. Eggleton Communications Manager Phone: 937.222.7902 www.daybar.org The contents expressed in the publication of DAYTON BAR BRIEFS do not reflect the official position of the DBA.
vol.
71
February 2022
no.
6
Contents Columns:
4
Comfortable in His Shoes - Roger Makley
6
Getting the Most From Your DBA Membership
18
You Just Got Served! (...or did you?)
PRESIDENT'S MESSAGE
TRUSTEE'S MESSAGE
By Merle Wilberding Esq. | Coolidge Wall Co., LPA
By Justine Larsen Esq. | Porter, Wright, Morris & Arthur, LLP
By The Honorable E. Gerald Parker Jr. | Montgomery County Common Pleas Ct
JUDGE'S DESK
Features:
8
Professor Thaddeus A. Hoffmeister University of Dayton School of Law
10
Choosing Probate. Yes, Really.
14
Expanding Broadband to Improve Digital Equity
16
Reflections on Retirement
BARRISTER OF THE MONTH
By Ericka Curran Esq. | UDSL
By Julie Helter Esq. | Roberson Law
EPT&P LAW
REAL PROPERTY
By Shannon Costello Esq. | Coolidge Wall Co., LPA
By Kelly Henrici Esq., Exec. Dir. | Greater Dayton Volunteer Lawyers Project
GDVLP
Departments:
9
February 2022 DBA Section Meetings
12
February 2022 DBA CLE Calendar & On-Demand CLE
17
DBA 100% CLUB Firm Members Join the Club in 2022!
Also Inside:
20
LAW RELATED ORGANIZATIONS Dayton Bar Foundation pg 22 University of Dayton School of Law pg 23 Ohio Lawyers Assistance Program (OLAP) pg 24
26
MEMBERS ON THE MOVE
26
CLASSIFIED ADS
26
ADVERTISER INDEX
2021-2022
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 PARTNER: Coolidge Wall Co., LPA | www.coollaw.com For more than 165 years, Coolidge Wall has had a singular mission – provide trusted and collaborative legal counsel to businesses and individuals throughout the Dayton region – giving our clients the attention, experience and advice needed to help them achieve their goals. Since 1853, we have stayed true to our Dayton roots and strong in our commitment to be the local, full-service law firm your business can count on today and for years to come.
GOLD PARTNERS: FARUKI+ | www.ficlaw.com
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FARUKI+ is a premier business litigation firm with offices in Dayton and Cincinnati. The firm’s national practice handles complex commercial disputes of all types, including class actions; antitrust; securities; unfair competition (trade secrets and covenants not to compete); employment; advertising, media and communications; attorney malpractice; data privacy and security; intellectual property and product liability. While its trial practice is national, the firm has always been, and continues to be, committed to the local legal community.
Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 7 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times. For 5 straight years, Thompson Hine has distinguished itself in all areas of Service De-livery Innovation in the BTI Brand Elite, where it has been recognized as one of the top 4 firms for “Value for the Dollar” and “Commitment to Help” and among the top 5 firms “making changes to improve the client experience.” The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTH® – a smarter way to work – predictable, efficient
and aligned with client goals.
If you are interested in becoming a DBA Annual Partner, contact: Jennifer Otchy, DBA CEO | jotchy@daybar.org | 937.222.1364
3
Column
President's Message:
Comfortable in His Shoes
Roger Makley
O
ver its long history, the Dayton Bar Association has had many great lawyers, some of whom were known for their acumen, some for their actions, and some for their acrimony. All of them are examples of the enormous talent of the Dayton Bar Association. We should be proud of all of them. A couple of months ago, I highlighted the life and times of Herb Eikenbary, the noted ringmaster and storyteller. This month I am going to write about the life and times of another ringmaster and storyteller, Roger Makley. Roger died on September 12, 2008, just three months after the death of Tim Russert, the famous NBC Bureau Chief and host of Meet the Press. I remember hearing people praising Tim Russert for being comfortable in his shoes, comfortable in walking the walk with some of the most important figures of our time, and just as comfortable talking the talk of his roots. I thought that that same could be applied to Roger Makley. For Tim Russert, it was the working class of Buffalo, as the child of a sanitation worker growing up in a German Catholic neighborhood. For Roger, it was the working class of Dayton, Ohio, as the child of a meat packing plant family growing up in a German Catholic neighborhood. Roger’s first American ancestor was Johann George Mőglich whose surname was eventually simplified into “Makley.” His grandmother was Rose Focke Makley. The Focke family owned the Focke Meat Packing slaughterhouse on East Springfield Street at the site of the old Stockyards Inn restaurant. At the slaughterhouse the workers processed beef and hogs. Nothing was wasted. Roger worked along with the other workers on the line, and in his spare time, as Roger would tell me, he would use his .22 rifle to shoot marauding rats in the plant. Roger was born on the only t child of George t Packing Plan and LaVern The Focke Mea Makley. 4
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He admitted that his being an only child significantly influenced his personality. He used to tell me that he had to entertain himself by giving imaginary performances, and that in some ways those performances and that self-amusement became life-long traits. After graduating from Chaminade High School, he was accepted at Georgetown University, a new world for him, so new that he thought he could take his .22 rifle along just in case there were any marauding rats around Georgetown. At Georgetown he became an active thespian in the Drama Club along with his classmate and friend, Antonin Scalia, the late justice of the United States Supreme Court. Roger won the Drama Club Best Actor award for his performance as Sgt. J. J. Sefton in Stalag 17, the same role William Holden played in the famous movie from the 1950s. In his professional career, Roger excelled, first as a lawyer with the Securities & Exchange Commission, then served as an Assistant U. S. Attorney for many years in Dayton before being appointed as the U. S. Attorney for the Southern District of Ohio. After that, he served as the U.S. Magistrate for a few years while it was permissible to do that on a part-time basis. By then he joined the Coolidge Wall law firm where he continued his practice for thirty-five years. During his career he served as President of the Dayton Bar Association, the President of the local Federal Bar Association, and President of the
Legal Aid Society. Many of his legal cases were high profile cases, such as his defense of Pete Rose against Bart Giamatti, the Commissioner of Major League Baseball. He recalled how he had to constantly elude the national press, even going so far as secretly meeting Fay Vincent (then, the Assistant Commissioner) at a retreat house at Bergamo. During the 1970’s and 1980’s he was the national defense counsel for Ponderosa as it was rapidly expanding its chain of steakhouse amid various tradename and franchise challenges. Separately, he represented David Schiebel, the President of Home State Savings in the Marvin Warner era of the collapse of a major savings & loan institution in southern Ohio. In still another high-profile case, he was appointed by the Ohio Elections Commission to investigate the allegations of money laundering in Governor George Voinovich’s 1994 campaign. All those cases became his platform for his ringmaster and storyteller talents. Roger was a great storyteller. He believed that storytelling was the essence of being a trial lawyer . . . the ability to tell a story that the jury could understand and identify with. No one who met Roger escaped his self-deprecating stories about his childhood days of shooting marauding rats at the slaughterhouse, or how proud his dad was when he learned that becoming a lawyer meant that he was a notary public. Fran Conte, the late dean of the University of Dayton School of Law, recounted in his own memorial the car ride during which Roger had Supreme Court Justice Antonin Scalia laughing out loud as Roger recounted his time as a D.J. on a student Georgetown radio station during which he scorned as just plain silly Jim Henson’s invitation to become one of Henson’s Muppets in his new show business gambit, only to then see The Muppets grow into one of the most famous and richest entertainment companies in the country. He got special delight in his (true) story that his second cousin (twice removed) was “Fat” Charlie Makley (both were descendants of Johann George Mőglich) who became notorious as the charismatic bank-robbing cohort of John Dillinger. “Fat” Charlie Makley was eventually shot and killed in 1934 (just four months after Roger was born) while trying to escape from the Ohio State Prison armed only with a “revolver” carved from a large bar of soap blackened with shoe polish. Over the years, storytelling became one of Roger’s lionized traits, as he held court, first at the Moraine Embassy Grill, then at the Pewter Mug, and later at Limbos, the Greek family bar behind our office on Monument Avenue, always entertaining friends with his irreverent stories about the past and present, stories that got funnier over the years as he told them with greater effect. As a young Dayton Journal Herald reporter, Mary Anne Sharkey often attended court with Roger at the Moraine Embassy and the Pewter Mug. (She later became Bureau Chief for the Cleveland Plain Dealer and a Fellow at the Harvard Institute of Politics.) She remembered Roger as one who “could fill the room with his presence,” as he strummed stories to an “unlikely gathering of attorneys, special agents, federal court officials, reporters and pressmen.” Over the years I had lunch dozens of times with Roger at Limbos as he used that platform to amuse himself and entertain others with his neverending litany of parables and fables. He told me once - - in fact, he told me often - - that he liked being in the Drama Club, liked being on stage, and liked being in the courtroom because they all gave him opportunities to mask his inner-self behind his public performances. In fairness, that treasure trove of stories by Roger often generated lots of stories about him, some laudatory and some not so much, as some were embellished to the point where they were no longer true. Nevertheless, they magnified his reputation in the Dayton legal community. To the end, he fulfilled his life-long personality traits of amusing himself and entertaining others, all the while being comfortable in his shoes as he walked the walk
and talked the talk of his working-class background. He will always be remembered as one of Dayton’s great ringmasters, great story tellers and great litigation lawyers.
Senator John Glenn
"Fat" Charlie
& Roger
Makley
By Merle Wilberding Esq. Coolidge Wall Co., LPA Wilberding@coollaw.com FEBRUARY 2022 |
DAYTON Bar Briefs
5
Column
Trustee's Message:
Getting the Most From Your DBA Membership By Justine Z. Larsen Esq. DBA Member-at-Large Porter, Wright, Morris & Arthur, LLP jlarsen@porterwright.com
T
here is one practical piece of advice that I received in law school that has stuck with me since graduation – get involved in your local bar association. At the time, it was recommended as a way to network and figure out what practice areas may interest me. This made sense given I was a law school student still trying to figure out my career path. But I confess that after spending long hours studying for class and commuting to law school, I was too exhausted to take advantage of any bar association, let alone Dayton’s. I figured I would have time for that later once I officially decided where I wanted to practice after law school. Thanks to my wonderful experience interning at our federal courthouse, I ultimately concluded that Dayton was the right city for me. I thus dove head-first into the Dayton Bar Association and everything it has to offer. At the time, I was still trying to figure out my areas of interest. I started by joining several substantive sections to learn about the different practice areas and to benefit from the knowledge of my fellow members. Some of what I learned in these section meetings went over my head with my limited experience. However, I met several people who would become particularly helpful in guiding me in my career development as a newer attorney. Networking seems to be a buzzword they throw out in law school as a potential way to find a job. While it certainly can help you in that regard, my networking through the Dayton Bar Association events and meetings has helped me in other less-expected ways. Connecting with people in different practice areas offers me a network I can refer to when a client seeks help with an issue outside of my wheelhouse. In turn, I can receive referrals from them for clients needing help in my practice areas. Connecting to those who practice in the same areas as me offers me a network I can turn to for practical experience and guidance when I encounter a new issue that cannot be answered by 6
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statute, rule or other legal resource. Members of the Dayton Bar Association are passionate about helping the greater community through volunteering and serving on boards for non-profit organizations. If you are like me, you may not know which charities you want to support. Networking with other members provides insight into their involvement in different organizations to determine what causes may interest you. That person across the dinner table from you at Inn of Court may be your introduction to a new charity that will become your personal passion that you will support for the rest of your life. Those less familiar with the Dayton Bar Association may wonder how to begin to network with the Dayton legal community. That answer is simple – start attending Dayton Bar Association events and section meetings. We offer regular events that carve out time for networking beforehand, such as Inn of Court, Chancery Club Luncheon, and periodic larger events including the annual meeting, Bench and Bar Conference, and the holiday luncheon. If larger crowds make you nervous, attend some section meetings to meet a smaller group of individuals who share your interests. Although it may be daunting to connect with a room full of strangers, I have found that our members are amiable and genuinely interested in meeting new people. If you are still uncomfortable making that first move, find a familiar face who can introduce you to others. This could be a current or former colleague, or a former law school classmate. If you cannot find anyone you know personally, then find someone serving on the Dayton Bar Association Board of Trustees. Our pictures can be found in Dayton Bar Briefs, in pamphlets handed out at certain events, and on the Dayton Bar Association website. We are here to serve the Dayton Bar Association and its members, and we want you to enjoy all the benefits of your membership.
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FEBRUARY 2022 |
DAYTON Bar Briefs
7
Feature
Barrister of the Month:
Thaddeus A. Hoffmeister Esq. Professor of Law, Full-Time Faculty University of Dayton School of Law
O
ur Barrister of the Month for February 2022, Professor Thaddeus Hoffmeister, is an impressive blend of the role of scholar and a public servant. Professor Hoffmeister has been a full-time faculty member at the University of Dayton since 2006. Prior to joining UDSL, he was on Capitol Hill and clerked for the Honorable Anne E. Thompson, U.S. District Judge for the District of New Jersey. He is admitted to practice law in California, Indiana, Ohio, and Washington, D.C. Professor Hoffmeister's teaching and writing's focus on criminal law, technology, and the jury. He has written four books and his most recent is entitled Internet of Things and the Law. He also edits two blogs Juries and Social Media Law. In 2019 Professor Hoffmeister expanded his resume into the local political realm when he was elected to be the first African American Mayor of his town, Wyoming, Ohio where he served his community through 2021. Professor Hoffmeister may seem familiar to our readership as he has been widely cited in various media outlets ranging from the New York Times to CNN to Wired magazine and regularly makes appearances on television and radio as a legal consultant. UDSL Dean Andrew Strauss had this to say about Professor Hoffmeister:
Professor Hoffmeister runs the Criminal Law Clinic at the University of Dayton, and he and his students have provided free representation to hundreds of clients. Professor Hoffmeister is held in high regard by his students. Third-year law student Chelsea Small had this to say about his teaching. "Professor Hoffmeister's Criminal Law course was so inspirational to me that I decided to pursue a career in criminal law." Professor Hoffmeister is known to be a dynamic and engaging professor who brings the law to life, and perhaps that is because, outside of his distinguished academic work, Professor Hoffmeister teaches legal seminars to attorneys and judges around the country. In addition, he has been a consultant and expert witness on several high-profile cases, including U.S. v. Barry Bonds. Professor Hoffmeister also works as an Acting Magistrate Judge in the Dayton Municipal Court and as a Judge Advocate General in the National Guard. Professor Hoffmeister also previously served on the Southwest Ohio Regional Transit Authority (SORTA) Board. In summation, one of the most notable attributes of Professor Hoffmeister is his humility and collegiality. His record of service to his country, his students, his clients, and the legal community is truly an inspiration.
"Thaddeus has not only established himself as a first-rate academic, but his ability to make the law understandable to the ordinary person has made him a go-to person for the local and national media." By Ericka Curran Esq. University of Dayton School of Law ecurran1@udayton.edu 8
DAYTON Bar Briefs |
FEBRUARY 2022
Register!
February 2022 || DBA Section Meetings Take Advantage of Joining a DBA Section This Year! Get involved. Contact Kate: kbertke@daybar.org February 1 Juvenile Law @ Noon
R.L. EMMONS AND ASSOCIATES, INC. 842–A E. Franklin Street Dayton, Ohio 45459
Professional Investigative and Legal Support Services Firm
Polygraph
February 21 Federal Practice @Noon
February 2 • YLD @ Noon • Estate Planning Trust & Probate @4pm
February 22 Diversity Issues @4pm
February 3 Real Property @ Noon
February 23 Criminal Law @Noon
February 8 Civil Trial Practice & ADR @5pm
February 24 • Paralegal @Noon • Corporate Counsel @5pm
Asset Searches Criminal Defense Process Service Witness Locates / Interviews
February 9 Appellate Court Practice @Noon
Surveillance Civil Case Prep General Investigation DAYTON: 937 / 438–0500 Fax: 937 / 438–0577
February 17 Workers' Comp & Social Security and Employment Law Combined @Noon
daybar.org to register
FEBRUARY 2022 |
DAYTON Bar Briefs
9
Feature
Estate Planning Trust & Probate Law
Choosing Probate. Yes. Really.
W
hen our estate planning clients complete their pre-meeting questionnaire, they often note that avoiding probate is one of their goals. Probate has a bad reputation. We surprise them when we say probate is not necessarily a bad thing and, in fact, we plan to have an estate go through probate when certain conditions are present. Among other reasons, probate is preferable to probate avoidance where (1) there is conflict among beneficiaries, (2) there are estate debts to be paid, or (3) there are general and specific gifts to be distributed. An effort to avoid probate without forming a trust can be a recipe for conflict, distrust, and difficulty. The following cases illustrate situations where probate would be preferred over probate avoidance without a trust. Case 1: A woman has three adult children. She wants to leave everything to her three children, per stirpes (meaning that a deceased beneficiary's share goes to the deceased beneficiary's issue). She has already set up beneficiary designations on her bank accounts and retirement accounts. She wants her attorney to help her make sure nothing must go through probate by drafting a transfer on death designation affidavit (TOD) for her house to be transferred to her children. She has not thought about which of her children will pay for her property taxes if they are due, who will pay for her funeral expenses, and who will pay any other debts and expenses of the estate. If all the distributions are made outside of probate, one of the beneficiaries, or several will have to pay for expenses out of their own pockets and look to the other beneficiaries to get reimbursed. In addition, she has not thought about what would happen if one of her children dies before her and she dies without revoking the TOD. The house would then go to the two remaining living children, rather than to her two remaining living children and to the issue of her deceased child, as she would have wanted. She would be better off allowing the house and a bank account to go through probate. This plan would allow her beneficiaries to receive her house per stirpes, as she desires, and would allow funds to flow through probate to pay expenses for her funeral and other final expenses. 10
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By Julie Helter Esq. Roberson Law jhelter@dayton-attorney.com
Case 2: An elderly man wants to avoid probate because he's heard how bad it is and how long it takes. He doesn't have any children or a spouse. He wants to leave some general (cash) gifts to his nieces and nephews and the balance of his estate to his friend. He has named this same friend as his executor, and he has already named him as the payable on death beneficiary (POD) on all his bank accounts and on his retirement accounts. He doesn't own any real estate or vehicles. He wants his friend to use the money he receives from all the accounts to give the cash gifts to his nieces and nephews and to pay for any expenses after he dies, before he keeps the balance. He knows that his friend doesn't have to follow his wishes and could just keep all the money, but he trusts the friend to act out of a sense of moral obligation. He has not thought about what would happen if his friend gets in a car accident before the elderly man dies and is at fault. If the friend has a judgment filed against him for any debt, all the money that the friend inherits could be taken to pay the judgment. Then, no matter what the friend intends to do to fulfill his moral obligation, he will not have the choice. Probate would be a better option in this case to allow for his wishes to be followed even if these unexpected events occur. Case 3: An elderly woman owns a house that her son lives in. She wants to leave the house to him because he needs her help. Her son can't afford to pay rent or a mortgage. She, too, has had a hard time financially and has fallen behind, having to refinance the house. She owes more on the house then it's worth. She wants to put a TOD affidavit on the house so that it transfers to her son when she dies without having to go through probate. She hasn't thought about who will pay for him to live there since there is so much debt on the house. What if he still can't pay rent or a mortgage when she dies? What if there are other expenses left to settle the estate? She would be better able to achieve her goals of helping him by allowing that house to go through probate along with other assets so that the executor could then sell the house and give the son some cash to help him pay rent somewhere else.
Case 4: A single mom wants to name both of her children as co-executors who have to act unanimously. She wants to leave everything to both of them equally. She wants them to work together. She knows that they can do it because she and her sister did it for their mother's estate. The more she talks, the more you realize that her children do not get along and that she is being unrealistic in expecting them to respect her wishes to cooperate with each other and fairly divide assets between them. In addition, she owns a sizeable collection of cuckoo clocks that both of them really want. She's planning on putting beneficiary designations on all her assets naming both of them. She wants to avoid probate and trusts the kids to divide up the tangible personal property with no court oversight. She would be better off to leave some money to go through probate and to name a neutral third party as executor, or a tiebreaker if they cannot agree about the division of some property. Given the competition between her children for the clocks, a formal probate process would help to ensure that they each received equal value in the valuable collectibles. In conclusion, before advising anyone that they can and should avoid probate, consider some of the reasons why one may be better off choosing probate.
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
FEBRUARY 2022 |
DAYTON Bar Briefs
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DBA Continuing Legal Education
DBA CLE February 2022 Wednesday, February 2 | 1.0 Gen Hr | 4:00pm-5:00pm Hybrid: In-person at DBA & Zoom DBA Estate Planning, Trust and Probate Section presents:
Pet Planning - Estate Planning for The Family Members That Are Often Left Out Speaker: Laura Martin Esq. Wright & Schulte, LLC
Most of your clients have pets and most pet owners consider them members of the family. This presentation will help you become more comfortable talking to your clients about their furry and feathery family members and will give you confidence that you can draft routine estate planning documents that provide for the specific needs of pet owners.
Thursday, February 17 | 1.0 Gen Hr | Noon – 1:00pm DBA Workers' Comp & Social Security and Employment Law Sections present:
How Ohio Workers’ Compensation Affects Employment Law Concerns; Adopting an Integrated Approach Speakers: Jennifer Brill Esq. Graydon and Gretchen Treherne Esq. Jackson Lewis, P.C.
This program will discuss the commonality of areas involving employee illnesses and injuries and the overlap and distinctions between the Ohio workers’ compensation laws, the Ohio employment discrimination laws, the Americans with Disabilities Act, the Family and Medical Leave Act, and other considerations. It is important for employers to have an integrated approach to achieve compliance with all statutes.
February Video Replays credits pending
18
Lincoln and The Law
22
9:00am-10:30am 1.5 gen hr
Judge Dankof’s Criminal Law Update 9:00am – 12:15pm 3.0 gen hrs
25
Eliminating Bias in the Legal Profession 9:00am-10:00am 1.0 prof conduct hr
28
The Ethical Lawyer 1:00pm-4:15pm 3.0 prof conduct hrs
Join us in Welcoming, Kate to the DBA CLE Department! kbertke@daybar.org 937.222.7902
12
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Access the new On-Demand DBA CLE library online 24-7, 365!
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On-Demand DBA CLE Featured Programs: Blockchain and the Law 2.0 General Credits
Back to the Future Its Never Too Late To Go Paperless
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daybar.org/seminarweb | (937) 222-7902 FEBRUARY 2022 |
DAYTON Bar Briefs
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Feature
By Shannon Costello Esq. | Coolidge Wall Co., LPA | costello@coollaw.com
Real Property
T
Expanding Broadband to Improve Digital Equity
he pandemic has made ever more apparent and pressing the need to close the so-called digital divide that has exacerbated pre-existing inequities due to poor access to technology, including high-speed, reliable internet access. These inequities negatively impact the ability of students to learn and communities to thrive and are made especially acute when remote learning, teaching and work arrangements are needed. The good news is that across Ohio, communities are increasingly stepping into the space left vacant by commercial internet service providers (ISPs) in an effort to increase the commercial viability of building broadband infrastructure and expanding access for high speed internet service. By investing in construction of the public infrastructure associated with broadband services, public entities can subsidize and incentivize private investment by private ISPs in a way that promotes delivery of reliable, high speed internet service. These efforts coincide with and seek to leverage the increasing availability of grant and other funding sources to assist local governments, ISPs and consumers in efforts to expand broadband access, particularly in rural and other underserved 14
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communities throughout the state of Ohio. There are a variety of roles local governmental entities play in the development of broadband service in their regions. Communities are finding the most success with what is referred to as the Private Infrastructure/ Public Service model. Under this model, public entities fund, build and own the underlying communications infrastructure (e.g. the conduit, poles, towers, and related infrastructure), and private sector ISPs own, lease, and operate the balance of the necessary equipment and commit to deliver the service. The collaborations in this model are typically broader than a single public entity collaborating with a single ISP. In many cases, collaborations among multiple public entities are needed in order to accomplish a regional project, with each entity playing a different role. Diversity on the service provider side of the Private Infrastructure/Public Service model is also a priority in order to foster a competitive commercial market for internet service delivery and comply with FCC and other federal and state regulations. A foundational component of building a broadband network is the installation of conduit within and along existing public right-of-way. Existing right-of-way serves
as a natural public infrastructure network into which the conduit and fiber optic cabling and related equipment can be readily installed. Beyond these rights-of-way, the design of the overall network takes into consideration multiple factors, including how to optimize effectiveness and coverage, enhance and prioritize identified economic development zones, leverage existing broadband assets (or assets that can serve a dual purpose through co-location of broadband and wireless facilities), address critical gaps in service to improve equity and access to underserved areas, and maximize the ability to sustain commercial service delivery. The design exercise identifies the geography of these projects and the inventory of existing resources throughout the region that can be leveraged in support of the project (e.g. existing conduit and fiber, networks of poles, sewer systems, and tall towers and rooftops), which in turn will help identify necessary public and private entity partners who can support the project (e.g. schools, libraries, hospitals, institutional owners and even private properties where appropriate). The expansion in federal and state funding coupled with low interest rate financing options now promise to make the goal of
“middle mile” and “last mile” broadband connectivity a reality for local communities. The American Rescue Plan Act of 2021 (ARPA) enacted on March 11, 2021, will funnel $5.68 billion in direct assistance to the State, $2.24 billion in direct assistance to Ohio’s metro cities, another $843.7 million to so-called nonentitlement units of local government (i.e., other Ohio cities and villages, and townships under recent General Assembly-enacted legislation), and $2.27 billion to Ohio counties. Allocations of ARPA funds for Ohio school districts will be indirectly allocated via the State from the State’s funding, with $4.5 billion to be distributed to Ohio school districts through the Elementary and Secondary School Emergency Relief (ESSER) funds. Among other uses associated with pandemic response needs, these funds can be used to “make necessary investments in water, sewer, or broadband infrastructure”. The stated objective of the funding for broadband infrastructure is to provide access to high-quality broadband service and facilitate necessary investments in projects that “establish or improve broadband service to unserved or underserved populations to reach an adequate level to permit a household to work or attend school, and that are unlikely to be met with private sources of funds”. (Interim Final Rule at p. 62). The breadth of this category allows for flexible and creative projects that build on existing resources to expand broadband
internet capabilities. The federal Infrastructure Investment and Jobs Act signed into law in November 2021, contemplates an additional $65 billion in funding to expand broadband in rural areas and in low-income communities. Approximately $14 billion of the total is intended to help reduce internet bills for low-income citizens, hopefully improving the viability and long-term benefit of the public investment in broadband infrastructure. Closer to home, the Ohio Residential Broadband Expansion Grant Program, adopted under House Bill 2 of the 134th General Assembly (effective May 17, 2021), awards grants to ISPs to fund construction of broadband projects in unserved and underserved areas of the state. These grants to ISPs, alone or when combined with other funding resources garnered and deployed by local political subdivisions, hold the promise of building out broadband infrastructure projects that support the needs of the local and regional community well into the future. These funding resources are necessary given the often high cost of these projects. The State, counties, municipalities, school districts and other public entities across Ohio, and all manner of collaborations and consortia of these entities, are teaming together to collectively leverage new funding and existing resources and to structure comprehensive solutions to achieve “middle mile”
and “last mile” connectivity. Through use of co-development agreements, co-location agreements and various funding agreements, collaborations are working to build out the systems. Cities and counties make available the networks of rights-of-way and existing pole rights. School districts and other public landowners in the region make available existing conduit and tall structures for collocation of fiber and broadcast equipment. Port authorities or other public issuers are facilitating financing of infrastructure improvements, using the funding resources of other benefiting public entities and opening up a competitive environment for ISPs to operate in previously underserved regions. Not of least importance is the actual internet service delivery. The economics of delivering service in underserved regions is challenging. At the end of the day, the public entities that build internet infrastructure assets want to see one or multiple ISPs to operate a robust network system where the risks responsibilities of the customer acquisition obligations and day-to-day network performance are born by the ISPs and ultimately operating to close the digital divide.
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Reflections on Retirement
R
ounding the corner to my March 6th retirement date provided an ideal opportunity to reflect upon the years I have served as Executive Director of your Greater Dayton Volunteer Lawyers Project. I have an overwhelming sense of pride to be part of this amazing Dayton legal community. To you, our volunteers – you are so amazing at sharing your time and talents with those less fortunate in our community. Whether it is helping someone break free from domestic violence, seek relief from overwhelming medical debt, wage a fair fight against an intolerable landlord, or any of the other many services you provide to clients through the Volunteer Lawyers Project, you rise to the challenge of providing the same high level of service to your paying and pro bono clients alike. You dug even deeper when our community was ravaged by the Memorial Day tornados of 2019, the mass shooting in the Oregon District later that year, or during this never-ending pandemic. Your kindness and willingness to serve never ceased to amaze me. To the amazing staff members – you worked tirelessly to connect those in need with the volunteers willing to assist them. These last two years you have worked mightily to continue the provision of services, even when we had to contend with court closures and mandates and so many other obstacles. I will miss working with you in service of our shared mission to provide innovative opportunities for attorneys to perform pro bono civil legal services to benefit persons of limited means. To the members of our Board of Directors – your willingness to roll up your sleeves and be a true working board to ensure the VLP always has what we need to excel is inspiring. I respect you more than you will ever know. To Helenka Marculewicz, may you rest in peace – you built a solid and enduring foundation as the inaugural Executive Director of the VLP. Your mark on this organization remains strong to this day. Thank you for 16
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entrusting me to lead the organization you built from the ground up with your hard work and dedication. To Summer Hawks, the new and only the third Executive Director of the VLP – your intellect, strategic thinking and compassion will serve this community so well moving forward. I retire knowing that you will bring your considerable talents to bear to make this organization even stronger and vital to the community. U.S. Supreme Court Justice Lewis F. Powell, Jr., during his tenure as president of the American Bar Association, said it perfectly. “Equal justice under law is not merely a caption on the façade of the Supreme Court building; it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists…it is fundamental that justice should be the same, in substance and availability, without regard to economic status.” I am grateful for the time I have spent at the VLP doing my part towards achieving equal justice for all, especially the most vulnerable among us.
So what’s next for this retiree? I’ll be flying off on many new adventures but promise to always come back to Dayton – and volunteer at the Greater Dayton Volunteer Lawyers Project!
Thank you, Kelly
DAYTON BAR ASSOCIATION The 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community. 100% Club Firms are those in which all attorney’s are DBA members. All firms and legal organizations with two or more attorneys are invited to join the Club! Contact Chris calbrektson@daybar.org (937) 222-7621
Thank You to the 2021-2022 law firm & organization club members! Over 50! WilmerHale
40-50 Members
2-4 Members Baldwin Valley Law, LLC
LCNB National Bank
Boucher & Kolber
Lennen Law LLC
Montgomery County Public Defender's Office
Brannon & Associates
Leppla Associates, Ltd.
Bruns Connell Vollmar & Armstrong, LLC
Lovett & House Co., LPA.
Cowan & Hilgeman
Martin Folino, LPA
30-39 Members
Craig T. Matthews & Associates, LPA
Mesaros Law Office
Crown Equipment Corp.
Miamisburg Municipal Court
David A. Chicarelli Co., LPA
Myers & Frayne Co., LPA
Dayton Power & Light Company
Nolan Sprowl & Smith
Douple, Beyoglides, Claypool & Lipowicz
O'Diam & Estess Law Group, Inc.
Dysinger & Patry, LLC
Roberson Law
Elliott, Faulkner & Webber
Robert L. Deddens Law Offices
Esler & VanderSchaaff Co., LPA
Roderer Law Office, LLC
Falke & Dunphy, LLC
Sherrets Law Offices, LLC
Fox & Associates
Smith Meier & Webb, LPA
Gammell Ross & Hoshor, LLC
Stachler & Harmon Attorneys at Law
Gounaris Abboud, LPA
Stamps and Stamps
Gregory M. Gantt Co., LPA
Stephen D. Miles
Gudorf Law Group, LLC
Thorson Switala Mondock & Snead, LLP
Hedrick & Jordan Co., LPA
Tracy & Tracy Co., LPA
Hochwalt & Schiff, LLC
Treherne Law Office
Coolidge Wall Co., LPA
20-29 Members
Montgomery County Common Pleas Court Pickrel, Schaeffer & Ebeling Co., LPA Sebaly Shillito + Dyer
10-19 Members
Auman Mahan & Furry, LPA Bieser Greer & Landis, LLP Faruki+ PLL Freund, Freeze & Arnold A Legal Professional Association Horenstein, Nicholson & Blumenthal Rogers & Greenberg, LLP Second District Court of Appeals
5-9 Members
Buckley King LPA Dayton Municipal Court Foos & Lentz LLP Green & Green Lawyers Kirkland & Sommers Co., LPA Legal Aid of Western Ohio Subashi Wildermuth & Justice Surdyk Dowd & Turner Co., LPA Young & Alexander Co., LPA
Hollingsworth & Washington Houck Menninger Law, LLC Jablinski Roberts & Gall, LPA Jackson Lewis, P.C. Jacox Meckstroth & Jenkins Kaman & Cusimano, LLC Kettering Municipal Court Larson, Lyons & Al-Hamdani, LLC Law Office of Gump Deal & Hirth
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Column
From the Judge's Desk
You Just Got Served! (...or did you?) By The Honorable E. Gerald Parker Jr. Montgomery County Common Pleas Court Gerald.Parker@montcourt.oh.gov
I
fully intended to write this Bar Brief for the new year without even mentioning COVID-19. My apologies, I failed. But this topic is both eye-opening and eye-rolling at the same time. I mean, did anyone expect this pandemic to trickle into the arena of process serving? Well, it has, so here we go. Since approximately March of 2020, the beginning of the Coronavirus pandemic, the United States Postal Service (USPS) and potentially other Commercial Carrier Services have not been obtaining signatures for Certified Mail delivery or signed receipts and instead marking the return receipt green card or signed receipt with “Covid” or “Covid-19.” In fact, the USPS issued “Covid-19 Continuity of Operations Update” on March 20, 2020 implemented “temporary modifications to mail handling procedures for mail that requires customer signatures.”1 Essentially, the Operations Update instructs letter carriers from ringing doorbells, knocking on customer’s door, maintain safe distances, and if no response, follow the normal Notice Left process. Id. The latter has and will continue to throw a wrench into how we as practitioners effectuate Due Process. We all are aware that Civ.R. 4.1(A)(1)(a), provides for Service by United States certified or express mail evidenced by return receipt signed by any person. However, Courts, including ours, are grappling with how to address return receipts not signed by any person, but marked “Covid” or “Covid-19” by the letter carriers. The Southern District of Ohio issued General Order No. 20-39 which Ordered that due to the USPS temporary
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modifications, and consistent with these modifications, “USPS mail carriers may not always obtain a signature of the certified mail recipient, but instead may make certain notations reflecting confirmation of delivery.”2 Service notations such as “COVID,” “COVID-19” or other similar notations consistent with the USPS’ modifications to its mail delivery procedures “…shall be deemed perfected unless otherwise challenged.” Id. Cuyahoga County Common Pleas Court, decreed that the "delivery shall be treated as successful" where the mail carrier obtained a first initial and last name instead of a signature as confirmation of delivery.3 If you look closely, this Order seemingly echoes the USPS Operations Update and acknowledges the Ohio Supreme Court’s March 27, 2020, Administrative Action allowing for waiver of in-person service and appearance or service by the use of technology.
SOURCES: COVID-19 Continuity of Operations Update, Customer Signature Service, COVID-19 Response and Prevention, https://postalpro.usps.com/node/7833 (March 20, 2020). 2 United States District Court Southern District of Ohio, General Order No.20-39 (December 29, 2020). 3 In the Court of Common Pleas, General Division, Cuyahoga County, Ohio, In Re: Order Regarding Service and Accepted USPS Certified Mail Process Due to COVID-19 Pandemic, Journal Entry, (May 26, 2020). 1
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Knox County Court of Common Pleas ordered that the "Covid-19" signature "shall be deemed to be perfected service" only if the party served later makes an appearance in the case or other evidence shows the party indeed resides at the location.4 This Order appears to place an onus on the mail recipient in order for them to not have a default judgment eventually filed against them. Clear as mud, right? What is consistent in each of the previously mentioned Orders is that these Courts are attempting to decree what IS deemed to be perfected and successful service. Let’s not forget they are trying to give guidance in order to move cases forward timely and effectuate Due Process, all while balancing the safety and well-being of the thousands of letter carriers who are putting their health at risk on a daily basis by making constant contact with unknown recipients. With that being said, even the tiniest bit of consistency these courts provided was overturned faster than a decision by Judge
Krumholtz (going to miss you, friend). On September 29, 2021, the First District Court of Appeals found that allowing the mail carrier to unilaterally substitute itself as an agent of the intended recipient frustrates the very purpose of Civ.R. 4.1's accepted methods of service. Cuc Properties VI, LLC v. Smartlink Ventures, Inc., 1st Dist. Hamilton No. C-210003, 2021Ohio-3428, ¶ 11. Cuc Properties VI, LLC, argued that the Ohio Supreme Court took administrative action validating such service. “Any requirement in a rule of the Court that a party appear in person or requiring in-person service may be waived by the Court, local court, hearing panel, board, or commission, as applicable."5 Based on that order from the Ohio Supreme Court, some courts in the state promulgated a variety of rules to accommodate alternative certified mail signatures. Cuc Properties VI, LLC, ¶ 13. Nonetheless, the First Appellate District did not see it that way. The reason the signature provision exists is to substantiate that someone actually received the summons and complaint—
and the notations in this case fail to offer that assurance. Cuc Properties VI, LLC, ¶ 11. In that case, the judgement entry of the trial court granting Cuc’s motion for default judgement was reversed, and vacated. In light of the Cuc Properties VI, LLC decision, plaintiffs’ attorneys may want to be more proactive and consider reissuing service when it is returned with a “Covid 19” notation as these matters are obviously ripe for a Civ.R. 60(B) motion. Hopefully, soon we will be provided with some additional guidance moving forward from the higher courts. Until then, we shall add this to the list of uncertainties during these complex times. SOURCES: In the Court of Common Pleas Knox County, Ohio, Richard D. Wetzel, Judge, In Re: COVID-19 VIRUS, Order for Service Under Civil Rule 4.1(A)(1) During the Covid-19 Public Health Crisis (September 4, 2020). 5 In re Tolling of Time Requirements Imposed by Rules Promulgated by the Supreme Court & Use of Technology, 158 Ohio St.3d 1447, 2020-Ohio-1166, 141 N.E.3d 974. 4
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DBA Membership Benefits
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DBA Membership Benefits
Sign Up! becomeanohionotary.com
Become an Ohio Notary!
Through a joint venture with the Akron, Cincinnati, Dayton, Toledo and Ohio State Bar Associations, 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. Notary Law Checklist: Step 1 Obtain a formal Bureau of Criminal Investigation (BCI) background check Step 2 Visit www.becomeanohionotary.com, attend class virtually and pass the test (if required.) ONS will provide you with a certificate for submission to the Secretary of State. Step 3 Visit the Ohio Secretary of State's website and select File Online to submit your application. Step 4 Return to www.becomeanohionotary.com to purchase your notary supplies. Free standard shipping on all notary bundles! (Use the code “FREE”) FEBRUARY 2022 |
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Law Related Organizations Contact Jennifer Otchy, DBF & DBA CEO for information about the Foundation.
Dayton Bar Foundation
jotchy@daybar.org | direct (937) 222-1364 | office (937) 222-7902
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 All gifts are eligible for charitable deductions on your federal income tax return if you itemize deductions. = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = =
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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. I am pleased to support the Dayton Bar Foundation with a gift of: $50
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Law Related Organizations
Greater Dayton Volunteer Lawyers Project
On behalf of the DBA Board of Trustees and the DBA Staff Team, we would like to Thank, Kelly for her commitment and successes throughout the years. You will be missed!
~Sincerely, DBA Board of Trustees & DBA Staff Team
University of Dayton School of Law
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Law Related Organizations
Ohio Lawyers Assistance Program
What is OLAP?
T
he Ohio Lawyers Assistance Program receives about 60 new inquiries each month. We get calls/referrals from colleagues, judges, disciplinary counsel, certified grievance committees, admissions committees, defense counsel, spouses, children, law school administrators and professors, and the occasional client. Concerns raised include depression, drinking, illegal and prescription drugs, internet porn, sexual compulsion disorder, gambling, anxiety, bipolar disorder, anorexia and bulimia, adult attention deficit disorder, post-traumatic stress disorder. You name it, it affects our profession. We have assisted more than 3,400 law students, lawyers and judges, and helped them save their careers, families, etc. Below are frequently asked questions about our services.
What is OLAP?
Is OLAP part of discipline?
How can OLAP help me?
If I contact OLAP, will anything I tell you be disclosed to the disciplinary counsel?
The Ohio Lawyers Assistance Program, Inc., is a confidential, private Ohio non-profit 501(c)(3) corporation dedicated to helping Ohio lawyers, judges, and law students obtain treatment for substance use disorders and mental health issues. OLAP started in 1991 and is active across the state of Ohio. If you are concerned about your mental health or a substance use disorder, such as drinking, OLAP will meet with you to provide confidential assistance. We have assisted more than 3,400 law students, lawyers and judges, and helped them save their careers, families, etc. We help with depression, anxiety, mental health disorders, burnout, substance use disorders (drinking, street and prescription drugs), gambling disorders, and more. Once you complete an assessment with an OLAP clinician, we will: • Give you a list of recommendations, such as confidential advice about individual problems, including finding coun seling and help deciding between outpatient, inpatient, and other treatment programs • Help arrange and implement formal interventions, if necessary • Provide you with reputable resources for counseling services, treatment and support groups • Arrange for monitoring services
Is OLAP really confidential?
Yes. If you contact OLAP about yourself or a colleague, you can rest assured that your call and anything you discuss with OLAP will be protected by strong rules of confidentiality. We are 100% confidential. Professional Conduct Rule 8.3 provides an exemption from the duty to report knowledge of ethical violations when that knowledge was obtained in the course of OLAP's work. Code of Judicial Conduct Rule 2.14 provides a like exemption when we are working with judges. R.C. § 2305.28 provides qualified immunity from civil liability for OLAP staff (B and C) and for anyone who provides information to OLAP (D). If you or someone you know is having problems with substance abuse, alcohol abuse, addiction or mental health, don't let fears about the disciplinary consequences prevent you from contacting us. No potential disciplinary situation will be made worse by contacting OLAP. 24
By Scott R. Mote, Executive Director OLAP SMote@olap.org
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No. OLAP is totally separate from the Ohio Supreme Court's Office of Disciplinary Counsel, and all local certified grievance committees. However, the disciplinary counsel sends some legal professionals to OLAP for help.
No. Our compliant lawyers and judges get through the disciplinary process, and rarely have grievances filed against them again. For those who do what we and their treatment providers recommend, life turns around, and they get to be happy and productive lawyers and judges, wives and husbands and partners, colleagues, and friends again.
If I am working with OLAP, and I later become involved in the discipline process, will OLAP disclose it?
No, not unless you ask us to do so in writing. If you later become involved in the discipline process, you may choose to disclose your participation with OLAP. OLAP does not disclose it unless you ask us to do so in writing.
I think I have a drinking/drug/mental health problem. Will I be disciplined if I seek help?
No. Substance use and/or mental health disorders do not violate the rules of professional conduct and are not necessarily ethical violations. If left unchecked, though, drinking/drugs/mental health issues may lead a lawyer to commit an ethical violation. The Disciplinary Counsel of the Supreme Court and grievance committees only prosecute violations of the rules of professional conduct and seek to prevent lawyers who may be impaired from harming the public. There is no reason not to seek help.
I am worried about a colleague who is a lawyer. If I call OLAP, will the lawyer know that I am the one who called? No. We will not disclose your involvement without your permission. But, when you allow us to use your name to confront the person, we have better success at getting the sick person to obtain treatment. It’s understandable that you might not want to use your name in the matter, because you might feel like you are “snitching” and you do not want to get the person in trouble, but if the same colleague were having a heart attack, you would most likely call 911, and get help as soon
as possible. You would not hesitate to tell the 911 operator your name. Why is it different if your colleague is slowly dying from a substance use disorder or a mental health issue? Substance use disorders and/or mental health issues are just as serious as a heart attack. Many people will only get sicker or die from these disorders if they do not seek professional help. When you call OLAP concerned about a colleague, we do not contact the disciplinary counsel. We are not a policing agency. We do not mandate people to seek help or to take the help that we recommend. We do as much as we can to encourage the person to seek relief. When you are concerned and you allow us to let that person know that you are concerned, we will have a better way of helping the individual. When the unwell person knows that another colleague is worried about their mental well-being, that person is more likely to accept help. When you do not provide your name and wish to remain anonymous, we cannot move forward until we have enough information to confront the person. This usually requires compiling information from others in the office or family members who notice that a person needs professional help.
What will OLAP do if I call about a colleague?
An OLAP clinical staff member will speak with you to get as much detail as possible about the situation. We will discuss possible ways to proceed and start a file on the individual.
I am a law student with past issues that will be disclosed on my character and fitness application. What should I do?
Call OLAP as early as possible in your law school career so that we can assess the situation and offer suggestions about the best course of action. Each of our compliant law student clients gets to take the bar exam.
What if I don't live in Columbus?
OLAP helps legal professionals in all areas in Ohio. Our main headquarters is in Columbus, but we have associates in Cleveland and Cincinnati. We also travel around the state to meet your needs.
What is the cost of OLAP's services?
We do not charge a fee unless you have a recovery contract with us. Don't let concern about cost keep you from seeking help. We never deny assistance because of money issues. In addition to being a caring colleague and friend, legal professionals also have a responsibility and duty to protect the public and to maintain the integrity of the profession. If you notice that an attorney or judge might be experiencing age-related cognitive decline, depression, anxiety or other issues that are affecting them as a human being, let alone their ability to practice competently, it is time to help. Not only are you helping them personally, but you are protecting the public from a person who is not doing his sworn oath of helping people.
For more information on OLAP or JAG, call (800) 348-4343 or go to www.ohiolap.org.
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DBA Members on the Move & Classified Ads
Jennifer Brill
Katie Wahl
Graydon is pleased announce that Hunter Brill LLC is merging into Graydon. This merger will include DBA Member, Jennifer M. Brill and Nicole Hunter. .Jennifer’s professional focus has been defending employers in workers’ compensation and employment related claims. She represents and counsels various national clients, including industrial leasing, skilled temporary companies, heavy equipment operators, restaurants, construction companies, foundries, health care facilities, manufacturers, and factories regarding employment and workers’ compensation matters. Jennifer earned her JD from the University of Dayton School of Law and B.A. in Political Science and Spanish from Furman University. She is licensed to practice in Ohio and Indiana.
Pickrel, Schaeffer & Ebeling Co., LPA is proud to announce that Katie Wahl is the newest partner at PSE. Katie’s practice focuses on
business and corporate law, including business succession planning, mergers and acquisitions, and non-profit entities.Prior to transitioning her practice to corporate law, Katie served as a complex business litigator for ten years. This background provides Katie with a unique perspective in advising her corporate clients on contracts and other agreements.Katie serves in the Ohio State Bar Association’s Council of Delegates, which the Bar Association uses to vet proposals before they are adopted as legislative priorities. Katie also is active in the community and serves on the Board of Trustees for the Dayton Performing Arts Alliance, Ohio’s Hospice of Miami County, and Housing Opportunities for People, Inc. Katie is a 2003 honors graduate of the Notre Dame Law School. She also earned a M.A.aster of Arts in Economics from the University of Notre Dame
Members on the Move Guidelines: If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received an award, or have other news to share, we’d like to hear from you! • News of CLE presentations & political announcements not accepted • Printed at no cost • Must be submitted via email and are subject to editing • Printed as space is available Contact Shayla to submit your announcement or ad:
seggleton@daybar.org | 937.222.7902
DBA Classified Ads: LOCAL COURT RULES
• The DBA Editorial Board reserves the right to refuse any ad.
MEDIATION/ARBITRATION
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.
William H. Wolff Jr., LLC Retired Trial and Appellate Judge (937) 293-5295 | (937) 572-3185 judgewolff@woh.rr.com
MEDIATION/ARBITRATION
Jeffrey A. Hazlett Esq. 5276 Burning Bush Lane Kettering, Ohio 45429-5842 (937) 689-3193 hazlettjeffrey@gmail.com nadn.org/jeffrey-hazlett
Dennis J. Langer Retired Common Pleas Judge (937) 367-4776 LangerMediation.com
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• Advertisements are accepted September through May.
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MEDIATIONS
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DBA Members on the Move
Tom Green
Erin Moore
Jane Lynch
Michael Miller
Jared Wagner
Jessica Andress
Green & Green, Lawyers, LLC, is pleased to announce that Thomas M. Green, Jane M. Lynch, Erin B. Moore and Jared A. Wagner were recognized as Ohio Super Lawyers® for 2022. Thomas M. Green has been recognized as an Ohio Super
Lawyers® starting in 2009 and practices in the areas of commercial litigation, medical malpractice and complex injury litigation. Jane M. Lynch has been recognized as an Ohio Super Lawyers® since 2006,and is an AV Preeminent rated attorney by Martindale Hubble®, and recognized again as a Best Lawyer in America© 2022 in the areas of Civil Rights Law and Litigation Insurance. Erin B. Moore is also an AV Preeminent attorney by Martindale Hubble®, and has been recognized as an Ohio Super Lawyers® since 2017 and also practices in construction law, governmental liability law, and general insurance defense matters. Jared A. Wagner is also an AV Preeminent attorney by Martindale Hubble®, and has been recognized as an Ohio Super Lawyers® since 2017 and also practices in construction law, governmental liability law, gun rights law, and general insurance defense matters. Green and Green, Lawyers, LLC, is a Best Lawyers of America© “Best Law Firm” for 2022. Congratulations for these accomplishments
Michael Brush
Congratulations to the two founding partners of Miller, Walker & Brush for each being named 2022 Super Lawyers! Michael Miller & Michael Brush are 5+ year recipients of this honor of excellence. Additionally, Jessica Andress has been named a Super Lawyer Rising Star of 2022 for the 3rd year. Super Lawyers is a designation of top-rated practicing attorneys selected through extensive evaluation. If you or someone you know is in need of our team’s legal services, call us today at 937-434-2885!.
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109 N. Main St., Suite 600 Dayton, OH 45402–1129 ADDRESS SERVICE REQUESTED
