19 minute read
TRUSTEES MESSAGE
A Winning Investment
By Becky Gentry Esq. WilmerHale DBA Member-at-Large
Advertisement
“B usy.” That’s my typical answer when someone asks how I’m doing. It’s also the response that I get when I ask the question to my colleagues and friends. We’re all busy. In addition to the demands of life, family, friends, pets, kids, clubs, charities, churches, etc., we’ve chosen a stressful and demanding profession.
Whether you’re a practicing attorney, paralegal, or support staff, the demands are high, and the expectation is (or at least feels like) perfec tion. We need to provide exceptional client service in an increasingly tight timeframe. Technology means that we are expected to be available practically on-demand. And then there are billable hours. Tracking your day in 6-minute increments makes you hyper-aware of how you are spending your time and making the best use of it.
With all these demands, it is hard to prioritize anything other than what we need to get done for the next filing, brief, deposition, or deal. And let’s be honest, even if there isn’t a pressing deadline, it’s hard to see past the looming billable hour requirement. Indeed, as I write this, I’m aware that this article will go unread in many inboxes across Dayton. But by focusing solely on assignments and billable work, we are sell ing ourselves short. I say all the time that I need to find time for this or that. To read this article or book or to attend a training on a relevant topic. I’m sure you do too. The truth is, though, you’re never going to find the time to invest in yourself and your career. You have to make the time. And unless you make the time, you won’t reach your potential professionally or personally.
I asked experienced members of the Dayton Bar what they would say if they could give young lawyers one piece of advice about investing in themselves personally and professionally. Here’s what they said…. Never Stop Learning
As attorneys, we are required to earn CLE credits every two years. Instead of showing up, signing in and zoning out, think strategi cally about what programs you can attend to enhance your knowledge, improve your legal skills or to learn something interesting. And learning shouldn’t end when you satisfy your CLE requirement. “Take time honing your craft,” said Anne Keeton, “attend CLEs that interest you, read articles, research, etc. Become knowledgeable in your area.” Also, consider volunteering to help present a CLE – it’s a great motivation to learn more about the topic and to hone your presentation skills. Get Involved Outside of the Office
Another way to invest in yourself and others is by volunteering and participating in activities away from the office. Getting involved can provide personal satisfaction and help develop business. “I would encour age every young lawyer to look over the volunteer opportunities in the city and pick one and get really involved. Become a major contributor to that organization. Over time that activity shall entwine the young lawyer deeply into the community, and shall be very rewarding, both in a professional sense and in a personal sense of giving back,” said Merle F. Wilderding.
John Ruffolo added, “I believe that attorneys need to be leaders in outside activities. I invested in my love of soccer. I volunteered to become a coach, the attorney for several clubs, President of the league (a non-profit organization), and finally, President of the whole state-wide organiza tion. One's legal background and insight are always appreciated at Board meetings. I made many new friends and a number of them became my clients or referred clients. It also allowed me to travel with my wife and children for games and national meetings.”
continued on page 5
Volunteer and pro bono work can also provide opportunities for professional development. My first trial and appel late experience was on pro bono criminal appointments. Yes, it added work to my plate, but it was rewarding and afforded me professional opportunities that I would not have otherwise had at that point in my career.
Build Relationships
“Engage with others around you - whether it is colleagues in the profession or acquaintances in your personal life - even if it is outside of your comfort zone,” encouraged Denise Platfoot
Lacey.
Legal practice can feel isolating, particularly for attorneys who are new to the profession. It can be hard – and intimidating – to connect with other attorneys, but those relationships are essential for success. The relationships that you build within the legal profession can lead to mentors, colleagues to bounce ideas off and even friends who can relate in a way those outside of the profes sion can’t. Active involvement in the DBA is a great way to forge these relationships.
On the other hand, it is also important to build relationships outside of the profession. Lawyers tend to talk shop. A lot. It’s helpful to have a community with which you can take off your lawyer hat and decompress.
Find an Outlet for Stress and Focus on Health and Well-Being
We’ve already established that the legal profession is stressful – that’s not news to anyone reading this article. You cannot be your best, professionally or personally, if you don’t find an outlet for that stress and a way to manage your own mental and physical health. Perhaps the most impor tant piece of advice in this article is that first and foremost, you need to take care of yourself.
“Learn to manage and reduce stress,” said the Honorable Judge
Mary Wiseman. “I would urge all attorneys to find an outlet for stress relief and management and then engage in that practice consistently. Whether it is running, journaling, meditat ing, conscious breathing, yoga, yodeling or gargling, find one thing and do it every single day.”
By making the time and focusing on these tips, you can make a winning invest ment – an investment in yourself, your community, your relationships, and your career.
SAVE THE DATE!
2020 ANNUAL MEETING JUNE 26 DETAILS COMING SOON!
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
Faruki PLL www.ficlaw.com
With offices in Cincinnati & Dayton
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.
Gold Partner
Thompson Hine LLP www.thompsonhine.com
Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. Thompson Hine has distinguished itself in all areas of Service Delivery 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. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.
If you are interested in becoming a DBA Annual Partner, contact: Jennifer Otchy DBA Executive Director jotchy@daybar.org 937.222.7902
DBA Response Plan to COVID-19
In response to the health guidelines provided by the Montgomery County/Dayton Public Health Department (phdmc.org) and other state/national/international agencies, the DBA Offices will be closed until further notice.
DBA Staff will continue to work virtually and will be available through the DBA main line and email. We are live online and working to continue our services to assist the legal community and the greater Dayton community.
You can find our cancelations and postponed event list as well as local court updates here:
daybar.org/page/COVID-19
Many of our services continue to be available online, including online CLE, Notary, LRS, Bar Briefs Magazine, and access to DBA section information.
We are mindful decisions surrounding operations in the current climate may change daily, we will provide any updates to this plan, as necessary.
The DBA team is committed to be a resource for you and your practice as we all navigate this rapidly changing situation. Thank you for your support and understanding. We are here for you!
| CLEs |
The DBA team is working to move scheduled live CLE programming to interactive webinars. We currently offer self-study CLE and encourage you to review the many offerings available:
daybar.ce21.com
|NEW! DBA Live Webinar Series: DBA Bar Talk |
Please tune in for our new virtual programming available to you via Zoom. Tune in weekly for live updates from a variety of speakers from your local courts as well as other legal substantive topics and content. We'll keep you updated as we add to our virtual programming.
| Sections |
The DBA will be using Zoom Video technology for future sections meetings so our members can continue to meet virtually. Don’t have a Zoom Account? Download your free account here: zoom.us/signup Questions? Contact Tyler: twright@daybar.org
| Local Court Updates |
Access these updates and additional COVID-19 resources here: daybar.org/page/COVID-19
Steven A. Watring Auman, Mahan & Furry, LPA
Under normal circumstances, I would have interviewed this month’s feature over lunch or coffee. As we are aware of by now, however, the current circumstances are far from normal. Despite having to meet telephonically, I thoroughly enjoyed connecting with and getting to know the May 2020 Barrister of the Month, Stephen Watring.
Steve is originally from Ashland, Ohio and for as long as he can remember, he always wanted to be a lawyer—that is, of course, if becoming a cowboy did not pan out. He grew up watching Perry Mason and was enamored with legal television shows at a young age. Despite his desire to pursue law, Steve remembers being unsure if that dream would come to fruition. As I’m sure others can relate, coming from a working-middle class family in a small town can make it difficult to see beyond your present circumstances.
Steve ultimately branched out of his hometown and moved to the Dayton area to attend college at Wright State University. Among other reasons, Steve was interested in Wright State due to their men’s tennis program. Not only did Steve play for the college, but he also received a varsity letter for his accomplishments. He still plays recreationally and often sees colleagues and occasionally current and former members of our Bench. Steve later graduated cum laude from Wright State with a degree in political science. Shortly after college, he married his wife and they stayed in Dayton due in part to his wife landing a job at Delco. Steve worked as a messenger for a law firm, and thanks to some encouragement from his wife, recommitted himself to his dream of becoming a lawyer. He took the LSAT and ultimately decided to attend the University of Dayton School of Law.
Prior to graduating magna cum laude from UDSL, and faced with the reality of entering the workforce, Steve answered an ad for a law clerk in the labor and employment group at an area firm. Just three years into practice, Steve was presented with an opportunity to become a partner at his firm, Auman Mahan & Furry, which will be celebrating its 35 th anniversary this month (at the time under a different name). As a director with Auman Mahan & Furry, Steve enjoys a robust practice focused on assisting businesses in a variety of labor and employment matters. He guides his clients through a range of issues ensuring that they are in compliance with employment laws to avoid potential lawsuits and other employmentrelated claims.
As a result of his experience in employment discrimination claims, Steve has also developed an active practice in avoidance and defense of housing discrimination claims. With over 35 years of experience, Steve has established himself as a subject matter expert in labor and employment matters. This expertise led him to his work as a private mediator with Mediation@Work. Formally trained at Pepperdine University, Steve helps parties resolve employment and business disputes. Although a slight departure from his role as advocate for his clients, Steve enjoys playing the role of peacemaker to help bring people to a resolution that is beneficial to both sides.
When asked what the most challenging aspect of his job is, Steve answered trial work. As an experienced, strategic litigator, Steve knows that the preparation and endurance required for trial can be both an exhilarating and exacerbating experience. His approach to his work exemplifies a piece of advice he received at the start of his career: Decide what kind of attorney you want to be. Anyone can show up, go through the motions and fare well; this approach, however, will not serve you or your clients well. Steve’s peer-reviewed rating as a Super Lawyer is proof that being successful and respected in our profession requires much more than that. He credits much of his success to his ability to adapt to change. Much like a chameleon, Steve has learned to adapt to his surroundings, whether that be to fit the needs of his client or adjust to opposing counsel’s disposition. “The best attorneys are ready to change with the circumstances,” Steve opined. Rather than being rigid and forcing his philosophy onto his client, he meets the client where they are to devise the best course of action to meet their objective, which is the most rewarding aspect of his job.
Steve and I ended our conversation mulling over a piece of advice he received from one of his law professors. Like many law students (and especially recent graduates), Steve found himself unsure of what direction to take upon graduation. His professor told him not to spend too much time trying to figure it out; the practice will pick you. Much like Harry Potter, the wand picks the wizard, the wizard does not pick the wand. When you hyper-fixate on what steps to take in your career, you inadvertently close yourself off from the opportunities that aid in the very self-discovery you’re seeking. As a student, Steve had no strong interest in labor and employment law, but had he been rigid in his approach, he would have never answered the ad that ultimately led him to where he is today practicing in an area he thoroughly enjoys.
Join the New Online DBA LRS Panel Today and Watch Your Career Soar Higher!
Get connected with clients. Provide a valuable service. When clients come looking BE FOUND. The DBA LRS receives over 10,000 calls annually.
Join the DBA LRS Panel Today! Contact Chris: calbrektson@daybar.org daybar.org/lrs | 937.222.7902
By Terry W. Posey Jr, Esq. Co-Chair Appellate Court Practice Gottschlich & Portune LLP
Most litigators know one, or have heard of one – the appellate expert. Whether formally credentialed or not, this particular attorney has done more oral arguments in the past year than you have done in the past twenty. Yet, when the time comes, you, the seasoned litigator facing an appellate issue, are apprehensive about engaging this expert. In this article, we will discuss frequently heard myths and misconceptions about utilizing an appellate expert with the hopes of demystifying their practice, demonstrating that an appellate expert is truly a go-to resource for the trial attorney, and improving outcomes for you, your firm, and your client.
Myth #1: They will want to take over the entire case.
Whether your expert is an attorney inside or outside your firm, the most common reason practitioners are reluctant to consult an appellate expert is the fear that the expert will try to take over the entire case. While an appellate expert certainly could take over the entire appeal, the appellate expert is there to serve the needs of the case.
When being consulted by another attorney, an appellate expert recognizes that the attorney is the client. The appellate expert’s goal, like all attorneys, is to meet the client’s needs. They will work at your direction on strategy (whether or not to appeal), formalities (initiation and preparing the record), motions practice, issue spotting, briefwriting, or even oral argument preparation.
The appellate attorney engages at your request, and only for the tasks you consider appropriate. The appellate expert does not take it personally when you limit their services to your particular needs. These attorneys have extensive training and experiences that qualifies them to be certified as some of the few attorneys permitted to use the title “expert”; you should use that expertise without fear.
Myth #2: It costs too much to get someone else up to speed.
So you, the modern litigator, has recognized the benefit of calling an appellate expert. What’s the next barrier to reaching out?
Cost. The trial litigator has been through the case from factual development through of those judgment. Most clients are not going to be happy about paying to get someone else up to speed on the case.
Appellate experts acknowledge this as a concern. For that reason, most appellate experts are willing to “accommodate” their billable time to get up to speed and provide actual value to the matter needing consultation. If that means coming to an agreement on how time getting up to speed is billed, they are willing to do it.
Appellate experts like working on appeals – and most frequently recognize that their cost must be aligned with the benefit they bring to the table. They are used to this conversation. Don’t let the fear of additional cost keep you from improving your potential outcome.
Myth #3: I’ve done this before, I can do it again.
As mentioned, appellate experts like working on appeals. They also recognize that almost everyone else likes working on appeals. It’s a closed-universe law exam problem, where you get to stand up and do a fifteen-minute oral argument at the end. Does this mean you are the best attorney for your client to handle the appeal if you aren’t doing them very regularly?
There are litigators that are comfortable handling numerous trial court cases across jurisdictions in a year that may not have had a substantive appeal in the past ten. Your friendly appellate expert knows these rules, has written briefs more frequently, and is ready to assist you in maximizing opportunities for success.
Even if the trial attorney writes the brief and performs the oral argument – what’s the harm in having a consultant to help better understand what tone and content the appellate judges are expecting to see?
continued on page 11 Myth #4: There’s nothing I can’t figure out from reading the rules.
Every subject matter expert knows there are the written rules and the unwritten rules. What if you realize at the last minute that you need an extension on your brief? What appellate jurisdictions will grant them freely or which ones will dismiss your appeal after you file a motion for extension instead of the brief? Which courts like being called with questions and which ones will tell you to file a motion instead?
Your local appellate expert generally knows the answers to these questions. If we’re presuming the responsible litigator to be cost-conscious (see Myth #2, above), why not go to the most direct and likely quick answer to questions critical to your appeal?
APPELLATE COURT PRACTICE: Dealing with Your Appellate Expert: Myths & Misconceptions continued from page 10
Misconception #1: Appellate experts only handle appellate cases.
So we have cleared away the myths. You now understand the value and importance of engaging with an appellate expert. From here, all that’s left is to clear away are the misconceptions involved in working effectively with an appellate expert.
The number one misconception about appellate experts is that they only work on appeals. This misunderstands how an appellate expert can assist your case. An appellate expert needs to also have a complete background as a trial litigator. An appellate expert without direct (and active) experience handling all phases of litigation will lack the ability to identify where the error occurred and whether (or not) it was preserved. They have to understand how all of the trial court processes work to make the record and establish the available arguments on appeal.
Misconception #2: I only need to call the appellate expert after the final ruling comes in.
The closed-universe status of an appeal is the appellate expert’s greatest tool and greatest agony. The closed-universe defines the availability of arguments and the presence of evidence necessary to justify those arguments.
Like you, the appellate expert has one overarching objective – to win on behalf of the client. The misconception here is that they are only of utility after the case is decided.
Appellate experts are frequently underutilized by attorneys good at positioning their case in front of a judge or jury, but who may not be used to having to make sure a record exists for the purposes of an appeal. At trial alone, appellate experts may assist with voir dire, evidentiary objections (and proffers), and jury instructions. Knowing how to make and improve a record can go a long way to improving outcomes.
There are many myths and misconception about working with a procedural expert. An appellate expert is only there to help improve outcomes – and can work at your direction and within the financial limitations of a matter.
Need help finding Ohio Online Notaries Public to provide assistance to you and your clients?
We are pleased to announce that Ohio Notary Services has created an Online Notary Public Referral Program.
We have compiled a list of authorized online notaries who have indicated their ability to help you during this time. We will go through the list on an even and equitable basis in order to be fair to all.
Please email info@becomeanohionotary.com and ask for a referral. The ONS is not charging for this service, but is hopeful it allows you to serve your clients to the best of your ability.
Please Note: Due to our current situation regarding the pandemic, we have not had the opportunity to vet the notaries on the list. We created this to fill the void of in-person notaries due to social distancing. We've asked the notaries to respond to you quickly, but please feel free to ask for a second referral if you need one.
