21 minute read
CLE WEBINARS, VIRTUAL MEETINGS + ONLINE CLE
May 2020
Tuesday May 12 CLE WEBINAR:
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Labor & Employment Section presents: Civility in the Workplace with Brien Shoemaker, Outreach & Education Coordinator, EEOC 1.0 Prof. Conduct Hr. (pending) | Noon-1pm In this one-hour webinar/workshop, Mr. Shoemaker will address recognition and prevention of sexual harassment in the workplace and provide strategies employers can implement to cultivate cultures of civility and respect.
Civil Practice & ADR Section | 5pm-6pm
Wednesday May 13 CLE WEBINAR:
Appellate Section presents: Virtual Oral Argument Tips from Justice Judith French 1.0 Prof. Conduct Hr | Noon-1pm
Conducting oral arguments in person at any court is challenging. Conducting oral arguments at the Ohio Supreme Court when a live appearance isn’t possible is daunting. Join Justice French to hear pointers about making a virtual oral argument stand out. From courtroom protocol to argument dos and don’ts, this live interactive presentation will help you best present your case.
Friday May 15 Diversity Issues Section | Noon-1pm
CLE WEBINAR: Coping with Stress During Times of Crisis: Five Top Tips with Susan Wawrose, Professor of Lawyering Skills, UDSL 1.0 Prof. Conduct Hr. | Noon-1pm
Attorneys experience stress at higher levels than most professionals even in ordinary times. During this unprecedented time, many legal professionals may be seeking ways to cope with additional stressors caused by the COVID-19 pandemic. This presentation will review five core strategies attorneys can use to promote their mental and emotional well-being. The focus will be on simple, effective practices that can be adapted for even the busiest lifestyle.
Wednesday May 20 Criminal Law Section | Noon-1pm
Thursday May 21 Workers Comp & Social Security Section | Noon-1pm
Friday May 29 POSTPONED: DBA Annual Meeting | New Date TBA
There's plenty of CLE Online!
Get Your CLE ONLINE 24-7! DAYBAR.CE.21.COM
Take up to 12 hours of self study credit.
The Eikenbary Trust – A Much Needed Resource For Our Younger Lawyers
Photo Credit: Getty Images ©
By Fredric L. Young Esq. Incoming DBA President Shareholder, Green & Green Lawyers
The world we lived in just weeks ago had many difficulties and challenges, but in many ways, nothing compared to those brought about by COVID-19. Coronavirus’s impact on our health, health concerns, family, friends, businesses and finances is immeasurable.
Businesses big and small, whether previously financially sound or weak, now find themselves in similar churning waters, grabbing for lifelines to keep their opera tions going, keep people employed and to maintain a future for the time this pandemic will hopefully end.
We all know lawyers have not escaped these issues. The adverse impact on law firm operations and finances is real and broadbased. Many law firms applied for Payroll Protection Plan funds for the same reasons other businesses did. If the lines for the SBA had been physical realities, the people in those lines would be the faces from every aspect of our business and legal commu nity. The legal community knows these times are extraordinarily hard for younger lawyers starting their careers and facing large expenses to find traction in their practices, while still trying to support themselves and their families.
Happy thoughts for the day, huh? So, let’s look at some light to get through the tunnel. Check out the photo that accom panies this article (not me for heaven's sake), the one with the guy on the awesome vintage motorcycle. I suggest this is the coolest pho tograph to appear in the Dayton Bar Briefs. But it is important for another reason. The photo depicts Herb Eikenbary, whose life alone could be a book. In fact, Herb is part of our own David Greer’s book on the area’s legal history – Sluff of History’s Boot Soles: An Anecdotal History of Dayton’s Bench and Bar. Herb lives on through the legacy known as the Eikenbary Trust, an important source of financial aid for our younger law yers even in the best of times. The Trust is of critical importance now.
The Trust provides two financial opportu nities to deserving and qualified applicants. One is a grant of up to $4,000.00. The sec ond is a low interest loan of up to $6,000.00. Applicants must be under 35 years of age, practice and reside in Montgomery County, and in need of financial assistance. While the Trust, too, has been financially impacted, it remains in business, but funds are limited. If you believe you qualify – APPLY NOW!
While the Trust has been around a long time, issuing grants and making loans along the way, applications seldom if ever exhausted available funds. I and members of the Trust’s Advisory Board believe some lawyers feel a stigma attaches to those seeking grants and loans like this. Nothing could be further from the truth, especially now. Also, if you are concerned about disclosing financial in formation, remember that information is kept in confidence. If thoughts like these kept you from applying – STOP THAT! The Trust is intended to benefit young lawyers we all know at times need help to establish and maintain their practices and support themselves. Many law firms, like most every business in our area, are seeking funds, whether PPP or otherwise, to support their practices. Young deserving lawyers simply have an additional resource to pursue for that purpose.
If you are not one of our younger lawyers that may qualify for a Trust grant or loan, you may know one or a few who do. Please let them know that the Eikenbary Trust is avail able and urge them to consider applying.
For more information, go to www.daybar. org/page/EikenbaryTrust. Now.
Explore.
It’s time to inspire! Put those natural born leadership qualities to use. Take this opportunity to engage with key stakeholders in the Dayton legal community.
Expand.
Grow your network within the legal community and become a catalyst for positive leadership.
Experience.
Now is the time to lead! Get prepared for your next big step, personal or professional, with cutting-edge leadership development and training.
DBA Leadership Development Program Application Deadline is June 10, 2020
Ready for Take Off!
The DBA Leadership Development Program is accepting applications NOW for the Class of 2020-2021. By participating in the program you will Explore leadership opportunities, Expand your networking within the legal community, and Experience the benefi ts of DBA Membership, all crucial elements in your future professional and personal success!
Program Details
The Leadership Development Program is designed for DBA Members who have been practicing less that 5 years. Monthly activities, events and sessions will run September through June and connect you with issues, essential training, and key leaders of the community. Lawyers will be accepted based upon an interest in the DBA and future leadership positions at the DBA. All candidates must be in good standing within the legal community and express an interest in community service.
Previous Leadership Development Program Grads are Current Leaders!
“
The Class provided me with a forum to make new friends among my new-lawyer colleagues as well as networking opportunities with experienced attorneys serving the Bar. The speakers and class topics provided me with insight and skills I needed to create a foundation for being a lawyer-leader in my community. “
The DBA Leadership Development Class provided me with a meaningful opportunity to identify ways to grow as both a lawyer and a community leader through thoughtful discussions with local judges, thought leaders, and business professionals. People look to lawyers for wisdom and insight. The DBA Leadership Development Class o ered me the tools and relationships to re ne those qualities while making a di erence in both my practice and our community.
- Cassandra Andres Rice Esq.
Porter Wright Morris & Arthur, LLP DBA LD Class of 2013-14’ - Zachary S. Heck Esq.
Taft Stettinius & Hollister LLP DBA LD Class of 2017-18’
You're Next Apply Today ! www.daybar.org Deadline June 10 th
By Paul B. Roderer Jr. Esq. Co-Chair Ethics & Certified Grievance Roderer Law Office, LLC
Old Ethics During the New Normal
By Christopher A. Conard Esq. Co-Chair Ethics & Certified Grievance Coolidge Wall Co., L.P.A.
Bar Briefs goes to press just as the Governor and Dr. Acton announced the plan to re-open businesses throughout the state. As we know, the delivery of legal services is an essential business. However, one can surely say no one’s practice will return to “normal” at least in the short term. In some situations, there will very likely be a “new normal.” We know the new normal must consider the required work guidelines to protect one another. Employers and employees will need to determine “fitness for work” based on whether one has a fever and one’s overall sense of health. We will be expected to wear masks and sanitize work areas. How these requirements will be done in courtroom settings, attorneys’ offices, jails and all the places attorneys go to perform essential functions, attend to client’s legal needs and provide access to justice will be evolving. As with most aspects of the practice of law, our profession will react to the new normal. Until then, we still must be mindful of our mandated ethical duties that have not changed. The purpose of this article is to remind each of us that regardless of the current pandemic we must continue to follow the Rules of Professional Conduct as currently written. One can foresee that the use of technology will continue to lead to changes in how we practice, but until then we must conscientiously adhere to the ethical rules as currently written. The short summary that follows is the product of guidance that can be found at the OSBA’s Covid-19 Resource Directory and from a review of guidance issued by other state bar associations.
DILIGENCE AND THE DUTY TO KEEP CLIENTS INFORMED First, we must ensure we comply with our duty to keep clients informed. This includes informing clients with court cases that their case may not be a current priority for the court. This is particularly true for civil litigants since there will undoubtedly be a backlog of criminal cases. It may be an especially difficult matter to discuss with family law clients as their problems often need quick attention. A recommended best practice would be crafting a client plan and timeline on how to address their case as we learn more about court operations. You are encouraged to review and reacquaint yourself with Professional Rules 1.3 Diligence and 1.4 Communication.
BE MINDFUL OF CONFIDENTIALITY Working at home can create confidentiality challenges with other family members. How robust is the security of your electronic system at home? What video platforms or apps are you using for meetings? Are you discussing confidential client matters by video conference? Like it or not, the duty of technological competence requires attorneys to understand the risks and benefits of technology to their practices. This understanding includes the general risks and benefits of the transmission of confidential and sensitive data. That said, some attorneys may possess such skills and knowledge. Alternatively, attorneys should consult with staff or other entities capable of providing expertise in areas pertaining to cybersecurity. You may find reacquainting yourself with Professional Rules 1.6 Confidentiality of Information and 1.15 Safekeeping of Funds and Property helpful.
MANAGING ILLNESS
The first recorded COVID death in Ohio was 76-year-old Lucas County attorney Mark D. Wagoner, Sr. Statistically speaking, we will lose more colleagues who are members of the bar to this disease in the upcoming months. It would be wise for all law firms and particularly solo practitioners to consider a plan for substitute lawyers. Professional Rule 1.3 Comment 5 specifically states the duty of diligence may require sole practitioner to have a plan in place to prevent neglect of client matters. The rule presumes in firm settings other lawyers will protect client interests. Nonetheless, both small firms and solo practitioners should look to partner together through reciprocal agreements to advise clients and courts in the event an attorney becomes incapacitated. There is little doubt that our society will adapt to the new normal in whatever form it takes. Judges and lawyers will be at the forefront of change as it evolves. In the meantime, do not hesitate to call on a friend or colleague for help or guidance if you need it. Even better, just call to say hello. We look forward to the time when we can once again rub elbows, share our stories and ponder the new normal. Until then, stay safe, cover up and wash your hands.
LIMITED QUANTITIES AVAILABLE!
Directory Legal 2020
ORDER FORM
A N O T H E R D B A M E M B E R B E N E F I T ! For the second year in a row, the DBA will be mailing the Dayton Legal Directory to all Members as yet another benefi t of DBA Membership. You may also order additi onal copies with this form.
Questi ons about your membership status? Give us a call 937.222.7902
$50 MEMBERS $75 NONMEMBERS $6/EA. S+H
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Quantity:___________ Shipping +$6/copy:________ $50 Member Rate Total:____________ $75 NonMember Rate
You Do Have Time!
By Scott R. Mote Esq., Executive Director
Ohio Lawyers Assistance Program O ne of the most popular “excuses” we hear at the Ohio Lawyers Assistance Program is “I don’t have time.” Yes, I understand that lawyers are busy, but it seems like this phrase has become an excuse for many things. “I don’t have time to take care of my mental health. I don’t have time to talk to a therapist. I don’t have time to exercise. I don’t have time to get a physical. I don’t have time to send my mom a birthday card.” The truth is, every person has the same amount of time; it’s the way you use it that makes the difference. Consider some of these tips on how to better manage your time.
Audit your time
In a quest to get more sleep and focus more on her health and well-being, my wife Gretchen, also an attorney, recently conducted a time audit that she compared against the schedule she thought she was following. She tracked every minute of every day of what she did for one week. This wasn’t a rounding up exercise, such as “from 8 a.m. to 8:30 a.m., I read the paper.” This exercise focused on what she did every minute. At 8 a.m., she walked out to get the paper. At 8:01, she noticed that some of her flowers were starting to wilt, so she removed the faded flowers from the plants. From 8:08 to 8:15, she realized she needed to water her plants, so she went inside and filled her watering can, went back outside and watered the plants, and put the watering can away. At 8:17, she picked up the paper and walked inside. When she was opening the paper, her computer dinged notifying her of an email. She opened up her laptop and started answering email messages. By now, it was 8:35, and she hadn’t even read the first page of the newspaper. She was already behind schedule.
This exercise taught her many lessons, one being that she is easily distracted. Her goal was to read the paper from 8 to 8:30, but she spent all of that time and then some on other tasks. Until she wrote down all of her digressions, she never knew how much time she was wasting. She recommends writing down what you think your schedule is, and then going back and looking at it after you record your minute-by-minute time audit. You’ll realize how many interruptions you had in your schedule.
Early to bed and early to rise
We all know that getting enough sleep is important for our health. What would happen if you woke up an hour or two earlier every day? Plenty of positive things! There is something motivating about waking up while everyone else is still asleep. This is your time to focus on yourself. You can start your day with exercise, meditation, reading the paper, finishing that brief you put off, etc.
If you have children, waking up before them can be very helpful for your day. It is difficult to meditate, read, exercise, work, or pretty much do anything else when your two-year-old needs your attention. Take this time for you!
When you wake up early, you are more productive throughout the day, which means you should be able to fall asleep faster and easier at night.
continued on page 23
M. EI KENBARY Trust
Bench Bar Conference 11.13.2020 DBA Annual
W at isT e Ei enbaryTrust?
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 App y: Jennifer Otchy,DBA Executive Director Dayton Bar Association | 109 N. Main St., Suite 600 | Dayton, OH 45402-1129 jotchy@daybar.org | 937.222.7902 | www.daybar.org
OLAP:
You Do Have Time! continued from page 22
Delegate
A 2019 study from Clio determined that the average lawyer worked just 2.5 hours of billable work each day in 2018. If you work an eight-hour day, that means you are only using 31% of your day to bill clients. An easy way to increase this number is to delegate. There is a good reason you have support staff and paralegals. Delegate less profitable work to paralegals and non-billable tasks to other staff members whenever you can. Before you start a task, ask yourself if this is something a paralegal or administrative assistant can do. The time you spend making copies and updating client files can add up to a significant amount of time—time you could use for billable hours.
This is probably obvious, but make sure you don’t take cases that are outside your competence area. You could spend more time than you have trying to learn new parts of the law. Also, get rid of clients who fail to pay. You could spend too much time trying to be compensated.
Organize your day
How much time do you spend in the mornings trying to figure out what to wear, making lunches, or getting children ready for school? Try to accomplish these tasks the night before. Maybe your children are old enough to do some of these things themselves. Hold them accountable!
During that extra hour or two you have in the mornings (when you start waking up earlier), figure out how you will spend your time during the day. Review your work calendar, your family calendar, and determine the best way to organize your day.
Focus
It is easy for all of us to lose track of time and get distracted during the day. It’s tough to focus on a task when you have notifications chiming, people stopping by your office, children calling you asking you where the cereal is, phones ringing and myriad text messages. Instead of answering each email, text or phone call as it happens, set aside time for each. When you are working on a client case, close your email, and put your phone on silent mode. This will help you focus more on the task at hand.
What will you do with your extra time?
Tracking your time has many benefits. If you are honest with how you are spending your time, you might find that you actually do have time. You could enjoy a round of golf, focus on your mental health, take your significant other out on a date, visit your mom, bill more hours, or just sit down and watch your favorite television program. You deserve it!
If you find yourself stressed, anxious, or overwhelmed, seek help. The Ohio Lawyers Assistance Program helps lawyers, judges and law students manage life's stresses. OLAP has saved lives, careers, marriages and families. All inquiries are confidential. (800) 348-4343 / ohiolap.org
Who Was That Masked Man?
High Ho Silver, here comes the Lone Ranger; he’s riding on down to rescue me! Well Folks, I don’t think the Lone Ranger can lasso the dreaded VIRUS! I’m hopeful, however, that by this time next year we will have developed a vaccine or other elixir to tame this beast. In the meantime, we are challenged to figure out how to proceed safely and effectively with the administration of justice in Montgomery County.
Picture this scenario, Judy Smith receives notification next week that she is required to serve as a juror in a case set for trial in July. Almost all cases that are tried in our Courts these days are criminal and typically the trials are reserved for serious felonies. Judy Smith arrives at the Courthouse and sits in the hallway with 50 other perfect strangers. Then she is ushered into a courtroom, sitting next to the same strangers and essentially applying to serve a sentence of jury service for the next five days confined in very close quarters. If I were Judy Smith I’d be providing/giving any and every excuse known to humankind to be excused - if I even showed up at all. So, it begs the question: How do we return to function safely? We can’t put off trials forever.
The obvious first steps: Provide jurors with gloves, masks and hand sanitizers. But will that alleviate the concerns? Don’t think so. Perhaps it is possible to separate the jurors during the trial by utiliz
ing some of the courtroom space, but not sure about voir dire. And as for the lawyers, provide more space for them to keep distance? I know our Court welcomes ideas and they are solicited here.
For my immediate staff, they will all be required to wear masks and gloves. I have no control over the remainder of the Courthouse; however, our Court Administrator Steve Hollon is working tirelessly to address all of these issues. We are lucky to have Steve at the helm.
I also know for now everyone is trying their best to honor social distancing and the like. I called off my criminal docket for the month of April and may do the same for May. We are still taking care of business and have a telephonic docket on Thursdays. I believe all the Judges in this Court have the experience to know what people need to remain in custody and who can be released – so, if they should be in jail, keep them there; if not, let them out. It really is that simple. There are a couple hearings we will have to conduct but they will be limited and social distanced.
Normally the Judge’s column addresses some new legal issue or something related thereto. This is not the time to discuss the ramifications of a new sentencing law or the particular effectiveness of this or that specialty court. This is the time for all of us to put on the mask, ride into the Courthouse and say, “High Ho Silver, away with the Virus”.
By The Honorable Richard Skelton Montgomery County Common Pleas Court
Enhancing Diversity, Equity & Inclusion in Our Legal Community
The Greater Dayton Area Diversity, Equity & Inclusion Legal Roundtable strives to strengthen Dayton’s legal community by promoting efforts to enhance diversity, equity and inclusion.
2020 Initiatives
• University of Dayton School of Law and Legal Roundtable Mentoring Program for Diverse Students • Mentoring program kicked off in January and will continue through April • 16 legal practitioners and 16 UDSL diverse law students are participating • The mentoring topic for February was developing a professional and personal brand • Summer Diversity Clerkship Program – May-August 2020 • Legal Roundtable Mock Interview Sessions – Fall • Partnering with the Dayton Bar Association, University of Dayton School of Law and other Ohio legal diversity, equity and inclusion organizations
Meetings of the Greater Dayton Area Diversity, Equity & Inclusion Legal Roundtable are open to all legal professionals and law students.
For more information, please contact: Wray Blattner Thompson Hine LLP Wray.Blattner@ThompsonHine.com
Julius L. Carter Julius L. Carter Co., LPA jcarter@juliuscarter.com Magistrate Judge Michael Newman U.S. District Court for the Southern District of Ohio michael_newman@ohsd.uscourts.gov
Judge Mary Wiseman Montgomery County Court of Common Pleas mary.wiseman@montcourt.oh.gov
