may 2022 The Off icial Magazine of the DBA
BarBriefs Bar Briefs
from the president'S desk
TRUSTEE'S MESSAGE
Farewell Message
Your DBA: Something for Everyone
pg 4
pg 6
civil trial & adr Tort Reform pg 12
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PRESIDENT'S MESSAGE
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Second Vice President
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Treasurer
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Judicial Elections and Judges Montgomery County, Ohio
By The Honorable Richard Skelton | Montgomery County Common Pleas Court
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Magistrate Ebony Wreh Dayton Municipal Court
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Is the Supreme Court of Ohio Set to Reform Tort Reform?
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Open GAL Positions and Other Juvenile Law Section Matters
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Chandler Watson Esq. Staff Attorney, Premier Health
BARRISTER OF THE MONTH
CIVIL TRIAL / ADR
Immediate Past President
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By Michael Jurek Esq. | Senior Corporate Counsel, Fuyao Glass America Inc.
TRUSTEE'S MESSAGE
Features:
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Member–at–Large
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By Merle Wilberding Esq. | Coolidge Wall Co., LPA
Your DBA: Something for Everyone
JUDGE'S DESK
Member–at–Large
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Farewell Message
First Vice President
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no.
Columns:
President
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may 2022
Contents
DBA Board of Trustees 2021-2022 M
vol.
cer
By Ebony Davenport Esq. | Asst. Professor of Lawyering Skills, UDSL
By Joseph Barton Esq. | Faruki PLL
By Misty Connors Esq. | Connors Law Office, LLC
JUVENILE
RISING STAR
18
By Sarita Simon Esq. | Staff Attorney, CASA, Montgomery County Juvenile Court
First Year, Second Chair: An Associate's Gratitude for Trial by Fire By Jennifer Mahan Esq. | Intili Group Co., LPA
YLD
Upcoming Events: 7
May Membership Appreciation Event Dates
12
Brews with the Bar
13
DBA Spring/Summer Events
8+9
Annual Meeting Luncheon Registration & Sponsorship
26
A Night with the Dragons
Departments: 11
SECTIONS: May Meetings
16
CLE: May-August Calendar
Also Inside: 23-26 Law Related Organizations 21
Pre-Order Your Additional Copies of the 2022 Dayton Legal Directory
27
Classified Ads, Member on the Move & Advertister Index
2021-2022
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MAY 2022 |
DAYTON Bar Briefs
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Column
PresidentrsMessage:
Farewell Address By Merle Wilberding Esq. Coolidge Wall Co., LPA Wilberding@coollaw.com
I
consciously chose the title “Farewell Address” because I always admired the Farewell Address of George Washington as he finished his term as President of the United States. Now, not for a minute am I going to suggest that my message should be comparable. (I will even bet a one-dollar bill on that one.) Nor am I going to warn you of foreign entanglements or the dangers of civilization as he did. I do like it that it represents our smooth transition from one administration to the next. And, more than anything, I just like the title. So, I will use it to share some of my mortal musings about my time as President of the Dayton Bar Association and my hopes for its future. First, I am grateful for the opportunities I have had as President of the Dayton Bar Association. I thank all of you for giving me those opportunities. I am especially grateful for the leadership of our CEO, Jennifer Otchy and her staff. As always, they pulled the big oars in keeping us on an even keel and in moving us forward through the past year. As the vaccinations have risen and as the COVID risks have subsided we have been able to return to more “in person” meetings, and that has been a welcome relief. Many sections have been invigorated by great leadership that have brought new resources to us, some for CLE credit and some 4
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for just expanding our knowledge. These are the benefits that I believe our bar association has done so well as we have expanded your access to CLE credits and your opportunities for new knowledge and new practice skills. To all the Section Chairs, Thank you. I look back at the Bench Bar Conference with a special pride because, as always, it gave our judges and practicing lawyers the opportunity to interact with each other and to share their insights with each other. This year we were especially honored to have Linda Greenhouse, the Pulitzer-Prize winning columnist from the New York Times, share her views on the transition of the United States Supreme Court from the death of Ruth Bader Ginsburg to the confirmation of Amy Coney Barrett in her presentation entitled Justice on the Brink. I was especially grateful when she told me that she was going to make only one road trip this year, and that road trip was her trip to Dayton for the Bench Bar Conference. Her book, Justice on the Brink, was one of two books that we discussed at the meetings of the DBA Book Club this year. The other book was Team of Rivals
by Doris Kearns Goodwin. I know that those who attended enjoyed the discussions and I hope that our book club continues to expand and grow in the future. I want to make special mention of our collective efforts at diversity, equity and inclusion, or as I like to call that same effort, “Inclusion & Human Dignity.” We have several committees and groups working hard to educate all of us about diversity and to urge us to put diversity, equity and inclusion into our practices and our lives. I would like to commend Wray Blattner for his leadership of the Photographed from left to right: Dean Andy Strauss, Melissa Mazer, Ricky Murray, Linda Greenhouse, Merle Wilberding, Susan Elliott. (Melissa and Ricky, members of the U D Law Review.)
Merle speaks to crowd at the 2022 DBA Diversity Day.
Diversity, Equity & Inclusion Legal Round Table, to Judge Caroline Gentry and Bonnie Beaman Rice for their leadership of the Social Justice Task Force, and to Julie Zink and Myla Cardona-Jones for their leadership of the DBA Diversity Issues Section. I would also recommend a re-reading of my column on “The Energy of Dayton” in the March issue of the Bar Briefs. Finally, I will note that at Diversity Day on April 1, the Dayton Bar Association presented a spectacular program, with three diverse speakers who sparked great questions and great discussions on what we can do individually and what we can do collectively to advance diversity in our lives and our community. I hope you were able to attend. At Coolidge Wall, we were thankful that Montgomery County Recorder Brandon McClain came to our offices to watch the PBS Redlining documentary film with us, and then help us continue in our discussion of it. All of these are small steps. I understand that, and I understand that, at best, we are moving at all deliberate speed. That is important because, even with small steps, collectively, we can make a difference. We all need to do more, individually and collectively. I challenge each of us to measure our efforts. This challenge should also include the adoption by law firms to include acts of diversity, equity and inclusion as factors in determining compensation for its partners and associates. I believe this will encourage and incentivize everyone to take a step or two towards making a difference in our lives and our community. As I think back on my own career, I am especially grateful for the opportunities I have had along the way. In my youth, as I was milking 26 cows before and after school, I never dreamed of the opportunities I now have had in the practice of law. (Heck, I didn’t even know they existed.) When I got a red ribbon at the Four County Fair in Iowa for my 4-H calf project, I thought I had hit the jack pot. In some ways, I had hit the jack pot because the experience I had in teaching a young calf to follow my lead was in some ways the same experience we all have had in being a young lawyer learning to follow the lead of our mentors, which in turn became our own model in teaching the younger lawyers to follow our lead.
Montgomery County Recorder Brandon C. McClain speaking at Coolidge Wall about PBS Redlining documentary.
Merle in 4-H with "C
omanche"
er, Evelyn h his moth
Merle wit
W ilberding
There were many experiences from my farm experiences that have helped me along the way, putting in long hours of chores before and after school, working in the fields when the sun was high in the heavens, and remembering the continuing advice of my mother, “Tired nothing. Keep on working.” In so many ways my mother taught me the lessons of life, lessons that I use every day in practicing law and in trying to contribute to the community. Being President of the Dayton Bar Association has given me the opportunity to meet and interact with lots of members of the DBA and for that I am especially grateful. Those opportunities have given me a better appreciation of the depth and breadth of our members, and the talents and interests we share. So, thank you for that. Personally, I look back with pride at the advancements we have collectively made and look forward to the future when, as George Washington said in his Farewell Address, we can enjoy the fruits of our collective cares, efforts and labors with the knowledge that we can all continue to have a real pride in our profession as the gatekeepers in life and the protectors of the Rule of Law. I look forward to the leadership of Judge Caroline Gentry and then Anne Keeton. May God speed all of us. Thank you.
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Column
TrusteersMessage:
By Michael Jurek Esq. DBA Member-at-Large Senior Corporate Counsel at Fuyao Glass America Inc. michael.jurek@gmail.com
Your DBA: Something for Everyone I
moved to Dayton in 2011 to serve as the law clerk to (now District) Judge Michael J. Newman. Although I grew up in Cincinnati, I had never spent any significant time in Dayton and had had no connection to the city or bar prior to moving here. So, when Judge Newman insisted that I join him at Chancery Club luncheons, Inn of Court dinners, the Bench Bar Conference, CLE’s, and section meetings at the DBA, I quickly became acclimated to the array of offerings to DBA members. More importantly, I saw something that I did not see from my prior experiences as a member of the bar associations in Cincinnati and Louisville, Kentucky—which was the incredible amount of value of being a member of the bar association. I had never heard of a bar association offering a free monthly luncheon where a member could randomly sit at a table and end up next to a federal judge, an appellate judge, a common pleas judge, and a practitioner with 50 years of experience. I had never seen so many regular opportunities for practitioners to have both casual and professional interactions with judges, let alone in settings where they could ask questions the way they could at the Inn of Court dinners, Bench Bar Conference, or any number of CLEs. “Access” to the bench, as a younger attorney especially, was completely foreign to me because it was virtually absent in the other cities where I had practiced. Yet, in Dayton, I quickly realized that it was the norm. Now, more than a decade later, I am glad to see that some things have not changed. The relationship between the local bench and the members of the DBA is just as strong as the day I arrived here, and the more I know about the DBA the more I realize that there are opportunities here as a member that simply do not exist at other bar associations. If you’re new to town (like I was nearly a decade ago), newly admitted to the bar, or if you’ve been a member for decades, I cannot say enough good things about the value and opportunities available to you as a DBA member. The networking opportunities alone are worth their weight in gold, but that is simply one benefit. Through the DBA, you get access to Fastcase (a legal search engine that rivals Lexis and Westlaw) for free, not to mention access to regular bar association outings, Chancery Club luncheons, and small group section meetings for you to meet with others who also practice in your specialty. The DBA is working diligently to bring even more value to you with CLEs. In addition to the 30% discount DBA members get on live and online CLEs, the DBA offers an unlimited CLE option (formerly known as the “CLE Passport”) and is looking to further enhance this all-inclusive option in the coming months. The DBA also facilitates ways for you to help your community by using your legal skills. The DBA regularly facilitates “Wills For Heroes” events where you 6
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can assist first responders in drafting free wills and estate planning documents, even if you have no training in this area of law. The DBA also works with the Volunteer Lawyer Project (VLP) where you can volunteer your time to help those in our community who are in the greatest need. You can mentor younger attorneys and can spearhead an initiative that you believe would be beneficial to both attorneys and the public. One of those initiatives is the Oral History Project, with interviews conducted at the DBA throughout the year, and currently includes over 100+ archived interviews! Through my work with the DBA and regular participation in all sorts of DBA programs since first arriving in Dayton, I went from being a total outsider to someone who feels right at home. I would encourage you to take advantage of everything your membership has to offer. After all, this is YOUR bar association. You can get involved and leave your mark on this organization. In an era where value is often difficult to find, the DBA is one place where you can still find tremendous value.
! e t a D e h t e v Sa November 4,
2022
30th Annual ence r e f n o C r a B Bench
2022-2023 DBA Membership Renewal Season Happening Now!
DBA MEMBERSHIP
ADVANTAGES REASONS TO RENEW: CLE
Live - In-Person - On Demand - UNL CLE
Don't forget to enhance your membership this year!
FASTCASE Free Legal Research
DBA MEMBERSHIP ADD-ONS:
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CAREER & PRACTICE ADVANCEMENT Watch your career take off!
NETWORKING
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$249 by July 1st $100
Questions about your membership status? Contact the DBA Staff Team at: (937) 222-7902
COMMUNITY OUTREACH Make a Difference.
PUBLICATIONS & COMMUNICATIONS Stay Connected.
renew/join and follow the dba: Visit www.daybar.org to join or renew through our online application
@DaytonBar @DaytonBarAssociation
Shayla M. Eggleton Communications Manager 937.222.7902 seggleton@daybar.org
DBA Events in Appreciation of YOU All throughout the month of May.
DBA Member Appreciation Month
2 10 11 12 12 14
Mail Application: Dayton Bar Association 109 N. Main St., Ste 600 Dayton, OH 45402
Go Online and Register!
Chancery Club Luncheon: Law Day Celebration DBA Complimentary Photo Session Day #1 Celebration of Life Memorial Luncheon DBA Complimentary Photo Session Day #2 Leadership Development Cornhole Tournament Volunteer Day at The Foodbank Dayton Urban Garden
MAY 2022 |
DAYTON Bar Briefs
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Complete the form below, visit us online, or give us a call to register - (937) 222-7902!
DBA Annual Meeting Registration Form: Attendee Name(s) & Meal Selections - Beef, Chicken or Vegetarian Entree: Entree: 1.) ___________________________________________________________
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DBA Sponsorship
9
Feature
BaristeroftheMonth:
Magistrate Ebony Wreh
Dayton Municipal Court
Magistrate Ebony Wreh at High School Mock Trial for students visiting from Bosnia.
W
hen I first met this month’s feature, I was a green intern with the Montgomery County Public Defender’s Office and my first thought was, “oh wow, another Ebony!” Her humor, non-nonsense attitude, and practical approach to the law have remained constant since that time. Magistrate Ebony N. Wreh (Dayton Municipal Court) may not have always envisioned herself behind the bench, but she has accepted her role as public servant fully and with pride. Growing up in Cincinnati, Magistrate Wreh knew early on that she wanted, to be an international corporate attorney for a large organization. She has always had an interest in traveling, so being able to combine that with an intellectually stimulating career was a no-brainer for her. As such, she obtained an undergraduate degree in engineering (both of her parents are in the computer science field) with the hopes of living out her childhood dream. As fate would have it, however, Magistrate Wreh’s next step post-graduation from the University of Cincinnati College of Law, was in a much smaller city, in an area of the law she had not truly considered. As many of us well know, our first “real” job post-graduation tends to be driven by more practical concerns than idealistic ones. Despite having no intention to pursue prosecutorial work, Magistrate Wreh accepted the offer and went on to spend over eleven years serving as an Assistant City Prosecutor. The experience offered more than she could have imagined. Not only was the work challenging and stimulating, she soon learned that she loved being in the courtroom, and appreciated the work-life balance that her office provided. 10
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Despite often handling cases involving the most serious offenses, including domestic violence and assault against minors, she took solace in the fact that she was helping victims obtain a sense of justice. That coupled with her sense of faith allowed her to get through the heavier days. Her desire to help others has not diminished since being appointed as a magistrate judge in the Dayton Municipal Court. I often think that our city magistrates are some of the unsung heroes in our profession as most of the litigants they preside over are selfrepresented, overwhelmed by the process, and unsure as to which steps to take. Because her position is so people-facing, Magistrate Wreh aims to make her courtroom a pleasant experience for all despite the nature of the charges and whether the parties are represented. (I had the pleasure of practicing before her on two occasions and can attest to the level of grace she extends to all who come before her). This high level of concern also informs her approach to resolving issues. She prides herself on being thorough when evaluating the case and reviewing the appropriate legal standards before issuing a decision. Magistrate Wreh acknowledged that while the issues presented before her may be “minor” in the grand scheme of things, she never forgets how “major” those issues are for the parties involved. Even when she must issue decisions that are legally correct but morally unsettling (evicting someone from their home is never a satisfying feeling), she does what she can to inspire hope. Magistrate Wreh shared with me an interac-
tion she had with a member of the public that helped restore her faith in the work she does. At the time, the individual was facing eviction and although the outcome was not favorable for him, he remembered the “tough love” he received from Magistrate Wreh and made it a point to follow up with her. In doing so, he shared that he had since obtained his driver’s license and was making better choices so he could lead a more fulfilling life. Exchanges such as those serve as a powerful reminder of the lasting impact our work has. As I often do when ending my interviews, I asked Magistrate Wreh what profession or industry would she pursue if money were no object. After taking a moment to reflect, she shared that she would love to document her travels (both domestic and international) with her son. By the time this article is published, she will be back from a long-overdue cruise through the Caribbean, so hopefully she will share those memories with us.
By Ebony Davenport Esq. Asst. Professor of Lawyering Skills University of Dayton School of Law Edavenport1@udayton.edu
DBA Sections
Thank You 2021-2022 DBA Section Chairs!
For your leadership and commitment to the DBA over the past year. We look forward to seeing you all at the 2022 Annual Meeting on June 2nd! DBA Administrative Sections:
DBA Substantive Law Sections:
Frank B. Williams III., Co-Chair
Terry W. Posey Jr., Co-Chair Jeffrey S. Sharkey, Co-Chair
Eikenbary Advisory Board
Unauthorized Practice of Law & Fee Dispute Arbitration John M. Ruffolo, Co-Chair
DBA Advisory Sections:
Bar Exam and Qualifications
John ( Jack) R. Hilgeman, Co-Chair Harry G. Beyoglides Jr., Co-Chair
Professional Ethics Christopher R. Conard, Co-Chair Adam R. Webber, Co-Chair Ronald J. Maurer, Co-Chair Karen D. Bradley, Co-Chair
DBA Service Sections:
2021 Bench Bar Conference
Monday, May 16
Juvenile Law
Federal Practice
Christopher C. Hollon, Co-Chair Jade Smarda, Co-Chair
@ Noon - Zoom MCJC Intervention Center Info
@ Noon - Zoom
Corporate Counsel
Wednesday, May 4
Appellate Court Practice
YLD
@ Noon - Zoom
@NEEfDBAOffice
Optional DBA CLE & Topic:
*Optional DBA CLE & Topic:
Persuasive Appellate Brief Writing & Argument
Benjamin A. Watson, Co-Chair Kristin Finch, Co-Chair
Criminal Law
Thaddeus Hoffmeister, Chair
Employment Law
Gretchen M. Treherne, Co-Chair Jason P. Matthews, Co-Chair
Estate Planning, Trust & Probate Law
Edward M. Smith, Chair Kristina M. Rainer, Vice-Chair
Zachary White, Chair
Serah Siemann, Co-Chair Misty Connors, Co-Chair
Diversity Issues
Real Property
Public & Member Services
Hon. Mary Kate Huffman, Co-Chair Hon. Christopher Epley, Co-Chair
kbertke@daybar.org | (937) 222.2324
Tuesday, May 3
Bar Briefs Editorial Board
Vanda Morgan, Chair
Contact Kate Bertke to DBA Join a Section:
Civil Trial & ADR
Federal Practice
Paralegal
Join us for the last DBA Section Meetings of the 2021-2022 Season!
Appellate Court Practice
Hon. Caroline Gentry, Co-Chair Dan Gentry, Co-Chair Hon. Gerald Parker, Co-Chair
Julie E. Zink, Co-Chair Prof. Myla Cardona-Jones, Co-Chair
Ma…¨ || DBA Section Meetings
Daniel Gentry, Chair
Juvenile Law
Shannon Costello, Co-Chair Shannon Martin, Co-Chair
Workers’ Comp / Social Security
Tuesday, May 24
Legal Basics: An Intro to Nonprofit Organizations & Board Service
Estate Planning Trust & Probate
@^5ZEE5 Feedback on 2022 Diversity Day
@^5DBAOffice *Optional DBA CLE & Topic:
Wednesday, May 25
Preparation of a Fiduciary Accounting: Law & Procedures
Criminal Law @NEEfDBAOffice Cutting Edge Issues in Criminal Law
Thursday, May 5 Real Property @NEEfEE,a C a,, W de Office New Statute Regarding Property Valuation Challenges
Thursday, May 26 Paralegal @ Noon
Tuesday, May 10
Corporate Counsel
Employment Law & Workers' Comp Joint Meeting
@^5ZEE5 Lockdown Lessons: What the Pandemic Has Taught Us About Information Security & Corporate Vulnerabilities
@ Noon - Zoom *Optional DBA CLE & Topic:
Joshua R. Lounsbury, Co-Chair Jennifer M. Brill, Co-Chair
Ethical Dilemmas of Attorneys and Legal Support Staff Working Remotely
Young Lawyers Division
Civil Trial Practice/ADR
Steve D. Strain, Co- Chair Chandler Watson, Co-Chair
Diversity Issues
@^5
d a…basNEs to register! MAY 2022 |
DAYTON Bar Briefs
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Feature
Civil Trial & ADR
Is the Supreme Court of Ohio Set to Reform Tort Reform? By Joseph A. Barton Esq. | Faruki PLL | jbarton@ficlaw.com
D
espite seemingly improbable odds, the Supreme Court of Ohio recently agreed to hear yet another challenge to Ohio's tort reform legislation. First enacted in 2005, tort reform was intended to deter frivolous lawsuits, eliminate unpredictability and disparity in jury verdicts, and promote Ohio's economic growth. A key but controversial feature of tort reform, codified at R.C. 2315.18, is the imposition of limits, or caps, on certain kinds of damages.
Caps on Compensatory Damages for Noneconomic Loss
R.C. 2315.18 distinguishes between "economic loss" – e.g., lost wages, medical bills – and "noneconomic loss" such as pain and suffering, loss of consortium, and "any other intangible loss." While the statute provides no limits on the amount of recoverable damages for economic loss, it does impose caps on the recovery of noneconomic damages. Nor does the statute limit the recovery of punitive damages. The cap on noneconomic loss, however, does not apply to noneconomic losses caused by "permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system" or "permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities."
Previous Challenges to Damage Caps
The caps on noneconomic loss have not gone unchallenged. The Supreme Court has twice reviewed the statute against claims that the caps unconstitutionally infringe the right to trial by jury, the right to a remedy, due process, and equal protection. First, the Court rejected an argument that the statute was facially unconstitutional in a 2007 products liability case called Arbino v. Johnson & Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948, 880 N.E.2d 420. Then, in a 2016 negligent supervision case called Simpkins v. Grace Brethren Church of Delaware, Ohio, 149 Ohio St.3d 307, 2016-Ohio8118, 75 N.E.3d 122, a divided Court again ruled that the caps were constitutional as applied to minor victims of sexual assault. The majority opinion did state, however, that "there may exist a set of facts under which application of the statutory damage caps would prove unconstitutional." Simpkins, 2016-Ohio-8118 at ¶ 51.
august 25 4-6pm 12
Save the Date!
Brews with the Bar
DAYTON Bar Briefs |
MAY 2022
An Unlikely Acceptance
Last July the Court once again agreed to hear a challenge of the statutory cap. This most recent appeal, captioned Brandt v. Pompa, Case No. 2021-0497, involves horrific, repeated acts of sexual assault Plaintiff Brandt was subjected to as a minor at the hands of her friend's father. A jury awarded plaintiff $20 million in noneconomic damages, but the award was subsequently reduced to $250,000 as a result of the statutory cap. Though her damages for non-economic damages were capped, Brandt was also awarded over $100 million in punitive and other damages. Brandt contends that the statutory cap is both facially unconstitutional (like in Arbino) and unconstitutional as applied to minor victims of sexual assault (like in Simpkins). That the Court would agree to hear another challenge to the statutory cap, especially one so similar to the relatively recent Simpkins case, is surprising. More interesting is the fact that Republican Chief Justice Maureen O'Connor, who voted to dismiss Simpkins as having been improvidently accepted, voted with the Court's three Democrats to accept the case. Finally, it bears noting that Simpkins was authored by thenJustice Judith French, a Republican who was subsequently unseated in 2020 by Democrat Jennifer Brunner, who is now running to replace Chief Justice O'Connor who cannot seek another term because of the Court's mandatory retirement age
Reading Tea Leaves
The Court heard oral argument in Brandt on Wednesday, March 30. The justices' questions indicated that the Court remains closely divided upon ideological lines, making Chief Justice O'Connor the likely decisive vote. Chief Justice O'Connor's only questions during the oral argument, directed at respondent, suggested that she views the facts underlying this case as meaningfully different than those in Simpkins – perhaps indicating that O'Connor views Brandt as the case, foreshadowed in Simpkins, with "facts under which application of the statutory damage caps would prove unconstitutional." Simpkins, 2016-Ohio-8118 at ¶ 51.
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Feature
By Misty Connors, Co-Chair DBA Juvenile Law | Connors Law Office, LLC | mistyconnors@att.net
Juvenile Law
Open GAL Positions and Other Juvenile Law Committee Matters
I
n case you missed it: Our colleague and co-chair Serah Siemann recently accepted a position as a magistrate in another jurisdiction. Congratulations Serah! Serah’s practice included working in juvenile court as an attorney guardian ad litem (“GAL”) in several Montgomery County Cases. Her cases included many abuse, neglect, and dependency cases which are getting reassigned to other attorneys on the GAL court appointment list. In case you didn’t know: Attorney GAL’s in Montgomery County Juvenile Court (“MCJC”) are not volunteers. We earn $75 per hour with maximum fees of $1,200 per case. The Ohio Public Defender’s website offers particulars and guidance regarding billing the court lawfully. So does the MCJC website.1 When I got started as a GAL, I found it helpful to read an overview of the ethics cases presented by disciplinary counsel for the DBA over the past 30 years or so to help me understand common mistakes to avoid. As expected, many disciplinary issues prosecuted arise because attorneys do not properly account for the time billed. It is important to track time as you do the work. Don’t try to recreate or guess at how much time you spent working on a particular. A best practice is to develop a system to track your time and then 14
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follow it. This way, if disciplinary counsel contacts you to inquire about your billing practices, you can offer a prompt accounting of your time entries. GALs work directly with families throughout Montgomery County as an independent investigator reporting details of interviews and an overview of services provided, and finally, a recommendation about what solution will lead the family back together, or what safe and secure options are available for the child’s permanency. We get to suggest possible solutions to family issues like parental substance abuse and addiction, unhealthy parenting practices or living environments, lack of housing, food, or child care and many, many more issues bringing local families to court. Many court-involved families and youth start out in crisis and then overcome seemingly endless barriers to success. Sometimes it takes years for parents or other caregivers to slowly, struggle by struggle, work through the court-approved objectives outlined on their case plans. Meanwhile children await permanency and need a voice to explain to the court what they need, what they want, and what they are concerned about. ENDNOTES: 1 Mcjcohio.org
Some children are afraid of their former caregivers and worry about having to go back to them. Some children are worried about their parents and wonder if they are okay. Each of these children deserves a chance to speak to their GAL about these concerns and reassurance the GAL will accurately relate back to the court and the parties the child’s wishes and concerns. Every year new ideas and solutions to common problems are identified to provide more understanding and support to families in crisis situations. JLC members stay informed about upcoming and recent changes to the law by attending our regular meetings. JLC committee members gather monthly from September through May to share experiences. Some examples include discussions about common questions many attorneys have, but are not sure who to ask. For example, we have discussed “What counts as an extraordinary circumstance to warrant extraordinary fees?” Attorney members shared their experiences getting extraordinary fees in a that required the GAL to watch multiple forensic interviews that were very long, the hearings were longer because the issues were contested, or the children lived out of town in five different placements. All members of the DBA are welcome to attend and participate in our lively discussions about topics related to practicing juvenile law each month. This year, the JLC presented distinguished speakers such as Judge Anthony Capizzi and Judge Helen Wallace, Magistrate Kathleen Lenski and Todd
Calaway, along with CLE credit for the juvenile law attorney certification course and a Rule 48 anti-human trafficking course. Please feel free to call or email me with your questions about JLC. Begin enjoying one of the best benefits of being a DBA member: comradery and knowledge sharing among juvenile law attorneys.
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DBA Continuing Legal Education
: MAY-AUGUST 2022
DBA CLE MAY 2022
JUNE 2022
TUESDAY MAY 10
JULY 2022
THURSDAY JUNE 9
Noon - 1:00pm | Zoom | 1.0 PC hr Employment Law & Workers' Comp presents:
Ethical Dilemmas of Attorneys and Legal Support Staff Working Remotely with Jason Matthews WEDNESDAY MAY 18 9:00am-12:15pm | Zoom Video Replay | 3.0 PC hrs
The Ethical Lawyer with DBA Bar Counsel, John Ruffolo 4:00pm-5:00pm | DBA Office | 1.0 Gen or NLT hr
Mediation Do's and Don'ts with Jeff Ireland For 40 Jeff has been preparing commercial cases for trial. Along the way, most have settled, some as the result of good old-fashioned bargaining between lawyers, some with the intervention of the court, and increasingly as a result of mediation. In the past 7 or 8 years, he has been retained as a private mediator. Learn how attorneys (and their clients) can maximize the opportunity for a successful mediation. THURSDAY MAY 19 4:00pm-5:00pm | DBA Office | 1.0 Gen hr
1:30pm-4:00pm | Zoom Video Replay 1.25 PC hrs + 1.25 Gen hrs
2022 Probate Law Institute - Part 1 with Charles Pfister and Franklin Malemud
MONDAY JULY 11 Noon-1:00pm | Zoom | 1.0 Gen hr How to Use and Expert in Your OVI Cases with Charles Rowland II. Esq and Lee Edwards, Retired City Police Officer An expert can be of great help in defending OVI cases. Learn how to use an expert to review discovery, prepare your cross, win your client's trust, gain credibility with the court, and win more cases.
FRIDAY JUNE 10 9:00am-11:30am | Zoom Video Replay | 2.5 Gen hrs 2022 Probate Law Institute - Part 2 with Magistrate Paula Haas and Joseph Doty THURSDAY JULY 14
9:00am-10:00am | Zoom Video Replay | 1.0 PC hr
THURSDAY JUNE 16 9:00am-10:00am | Zoom Video Replay | 1.0 PC hr
2022 Diversity Day - Part 1 with Professor Myla Cardona Jones
2022 Diversity Day - Part 2 with Montgomery County Recorder, Brandon C. McClain
AUGUST 2022
TUESDAY JUNE 21
Slavery and the Consitution with UD Dean Jeffrey Schmitt
MONDAY AUGUST 11 9:00am-10:00am | Zoom Video Replay | 1.0 PC hr 2022 Diversity Day - Part 3 with Tiffany Taylor Smith, Vice President of Diversity & Inclusion
WEDNESDAY JUNE 29
THURSDAY AUGUST 18
Noon-1:00pm | Zoom | 1.0 Gen hr
1:00pm-4:15pm | Zoom Video Replay | 3.0 Gen hrs
Noon-1:00pm | Zoom | 1.0 Gen hr
Name Image and Likeness Rights for NCAA Gun Law for the Everyday Practitioner Athletes with Luke Fedlam with Derek Debrosse In July 2021, student-athletes at colleges and universities across the country gained the right and ability to start earning compensation from the licensing of their name, image and likeness (NIL). NIL represents one of the most significant changes to college sports in history; but, what exactly is NIL? How did we get to where we are today? Where are things going? Access the On-Demand These questions will be discussed during this presentation through the understanding rstanding of the impact of state laws, school policies, and a very significant Supreme Court ruling..
2022 Domestic Relations Institute - Part 1 FRIDAY AUGUST 19 9:00am-12:15pm | Zoom Video Replay 2.0 Gen + 1.0 PC hr
2022 Domestic Relations Institute - Part 2
DBA CLE library online 24-7, 365!
FRIDAY MAY 20 8:30am-4:00pm | DBA Office | 5.0 Gen hrs + 0.5 PC hrs
Criminal Law Certification Attend this seminar if you are interested in qualifying for the appointed counsel program. MONDAY MAY 23 9:00am-12:15pm | DBA Office | 3.0 PC hrs *May is Mental Health Awareness Month!
Stress in the Legal Profession and How to Cope De-stress and get Professional Conduct credit at the same time! TUESDAY MAY 24 Noon-1:00pm | Zoom | 1.0 Gen hr Appellate Court Practice presents:
Persuasive Appellate Brief Writing and Argument with Judge Chris Epley A review of effective brief writing, persuasive oral argument, and the rules that govern both.
• Practicing Law in a Digital World
WEDNESDAY MAY 25
• Dealing with Difficult Clients
9:00am-10:00am | Zoom Video Replay | 1.0 Gen hr
Marriage Equality with Christopher Riano 16
On-Demand DBA CLE Featured Programs:
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• Legal Impacts of Cryptocurrency, Bitcoin and NFTs • In Baseball, Some Steals are Frowned Upon • Basic Cell Phone Technology and Techniques
daybar.org/seminarweb | dba cle: (937) 222-2324
Feature
Rising Star:
Chandler L.Watson Esq. Staff Attorney, Premier Health
By Sarita Simon Esq. | CASA Program, Montgomery County Juvenile Court | SSimon@mcjohio.com
A
ttorney Chandler L. Watson was born and raised in Lebanon, Ohio and it is in fact where she still lives today. Ms. Watson received a B.A. in Political Science from Wittenberg University. She attended law school at the University of Dayton School of Law. While in law school, she was a member of the Leadership Honors Program, she served as a Staff Writer and Publication Editor for the University of Dayton Law Review, and she served on the Executive Board of the Student Bar Association. Attorney Watson is licensed in both the state of Ohio and Texas. When asked what lead to her decision to attend law school, she stated, “Growing up I heard my grandfather talk about his friends who were lawyers and what their careers looked like. Then in High School I took an AP Government Class where we learned about the judicial system and that further piqued my interest in the legal field. With that combination, I knew that I wanted to one day be a lawyer and followed the political science to law school track.” Attorney Watson has been a staff attorney for Premier Health Partners since June 2021. In the middle of a global pandemic she chose to make the jump into health care law; an area that has been consistently changing and evolving. She currently practices in the area of health law, employment law, and corporate law. Specifically, as a staff attorney, she provides general legal support and advice to Premier Health entities alongside her colleagues in the General Counsel’s office. Her day usually consists of legal research, drafting and reviewing transactional contracts and education agreements, advising on Premier Health’s policies and procedures, and ensuring compliance with federal and state laws, rules, and regulations in a variety of system activities. She also responds to and manages calls from Premier Health Partners’ hospitals regarding legal questions arising in patient care situations.
Attorney Watson believes that her current position aligns perfectly with her core values. She states that “Premier Health’s core mission is to build healthier communities and provide quality health care services to all.” Attorney Watson has expressed that she is passionate about practicing in a way that is meaningful and fulfilling to her personally while also making a tangible difference for her clients and the community. Through this position, she has been able to interact with all facets of individuals throughout the organization which has made her appreciate how much effort goes into taking care of our community which in turn has made her work all that much more rewarding. As a lawyer, Attorney Watson describes herself as both approachable and practical. To that end, she wants her clients to know that they can come to her with any question (big or small). In addressing their particular issue, she takes a practical approach which is also the approach she gives while dispensing her advice. Attorney Watson does have some advice for her fellow lawyers. “Stay true to who you are,
commit to your values, and don’t lose sight of the bigger picture as to your “why” for what you do.” Additionally, regarding managing your caseload, she starts her day with a to-do list, which she uses to prioritize her daily needs, checking things off throughout her day. In her free time, Attorney Watson enjoys spending time with her family and friends, playing golf, reading, and traveling. She has been playing golf since she was six years old and grew up playing on the Harmon Golf Course in Lebanon. According to her, while admitting that the game of golf can be extremely frustrating, the golf course is her happy place and her home away from home. Attorney Watson is involved with the Dayton Bar Association. She is a member of the Corporate Counsel section, a Co-Chair of the Young Lawyers Division and was a member of the Leadership Development Class of 2020-2021. As the CoChair of the Young Lawyers Division, she and the other chair, Steve D. Strain, have chosen to provide young lawyers with a space for career path exploration.
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Feature
By Jennifer Mahan Esq. | Intili Group Co., LPA | jennifer@igattorneys.com
Young Lawyers Division
First Year, Second Chair: An Associate’s Gratitude for Trial by Fire M uch has been written lately about the vanishing jury trial. Since so few cases go to trial these days, it is well known that the cases that do go to trial are typically handled by the most experienced trial attorneys. This being the reality, you can imagine my surprise when I learned in my first month in practice that I would be second chairing an upcoming medical malpractice trial. You can probably also imagine the gut-wrenching fear I experienced when I discovered that the case involved matters more complex than I had ever tackled before. Adding to my anxiety was the fact that I refrained from taking litigation-related courses in law school thinking naively that it was not my cup of tea. Determined to overcome my nervousness, I immersed myself in the both the process and the substance of what was to come contemplating what I might bring to the courtroom as a newlypracticing attorney. Once there, I tried outwardly to look like a 18
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confident attorney by disguising my trembling legs as I stood before the jury. As a “young” attorney, my natural inclination and familiarization with technology and digital presentation proved to be an asset as we navigated the courtroom. Clinging to my ever-important role as the tech-savvy younger attorney, I began to feel my confidence grow while embracing and absorbing the trial experience as if it would be my only chance. My boss noticed a spark in my focus and more than a hint of enthusiasm as the presentation of our case-in-chief drew to a close. Much to my surprise, he asked if I would be comfortable handling the direct examination of our last two witnesses, the children of the plaintiff ’s decedent. “Sure,” I calmy replied, trying to look unaffected as a giant lump grew in my throat. That evening I prepared by isolating myself and rehearsing questions with my dog to break the ice. The next day, my aspiration to become a trial attorney solidified
as the two witnesses were on and off the stand without a hitch. I was hooked. The opportunity to participate in a trial early in my legal career has done more than steer my goals. One important lesson I learned is to grasp every opportunity to be in the courtroom, and more importantly, every opportunity to be active in the courtroom, despite the inevitable butterflies that accompany each occasion. When asked to take the next leap in lawyering, the answer will always be a resounding yes. Another lesson I took away from my “trial by fire” is that the fear I mentioned above may be the very fuel for courtroom success. The evening of my first witness examination, already exhausted from the first week of trial, I asked the boss how he found the endurance to commit the longhours and pivoting demands of a trial. He took his usual long pause after I posed the question, and I prepared myself for meticulous mental notes as I had in the past.
Surprisingly, he returned a one-word answer: fear. He explained that the energy – the adrenalinelike feeling – that we experience when faced with the overwhelming fear of failure, can be harnessed to motivate mental endurance. Not only was he correct, but he was explaining the exact process I unknowingly adopted as I prepared into the early hours the evening before. In the aftermath of my jury first trial, I’m left with a sense of loyalty and earnest devotion toward my employer, both lawyer and staff, for investing in my future success. Because someone was willing to invest the time and effort to make a significant contribution to my development as an associate, I feel confident that I have found a suitable learning environment to jump-start my career as a practicing attorney. In fact, the opportunity to second chair a trial in my first year of practice has served as a legal boot-camp, rewarding me with more legal know-how than I have obtained in any other two-week period. To be sure, offering young attorneys courtroom experience comes with uncertainty. But the benefit of offering enthusiastic young attorneys courtroom experience outweighs the risk, a professional investment worth making for successful firms and worth grasping by motivated young attorneys in terms of skill development, client satisfaction, and tenure.
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
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Column
FromtheJudgersDesk:
By The Honorable Richard S. Skelton Montgomery County Common Pleas Court richard.skelton@montcourt.oh.gov
Judicial Elections and Judges Montgomery County, Ohio W ho’s Your Judge? Is it dependent upon political party? Is it dependent upon $$$ for a campaign? Is it as fickle as your name? The ability to harness social media? The timing of the election in an off presidential year? What are the characteristics of a Judge? Should the Judge come from the private or public sector? Is there some type of judge exam or psychological profile? Thank God there was no such exam/profile when I ran, just sayin’. How do we know which Judge-to-be will be afflicted with the not-so-rare black robe disease? What makes a good judge? Does each Judge undergo peer review by anonymous submissions? Once in office, what checks/balances are in process to supervise the work of a Judge? Of course, who would dare to challenge an elected Judge? Now there will be no party designation on the ballot for general election – does that make a difference? Despite what appears to be a process open to criticism, we have been fortunate in Montgomery County, Ohio. The most recent Judge election resulted in three Judges who by all reports are excellent jurists: Judges Parker, Montgomery and Solle. Can we do anything to improve the process for selection? Attraction to the position could be enhanced by setting a salary commensurate with other jurisdictions 20
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(Ohio bringing up the rear). And what about merit selection as is achieved by the Federal Bar? Some say merit selection is not devoid of politics and I suppose politics enters just about every part of government. I for one cannot stand the political aspect of judicial appointments/elections in Ohio. In my opinion, there is very little effort to attract meritorious candidates for the Judge position. Perhaps the political process itself is so distasteful that it repels anyone of genuine merit. I never desired to be a Judge but rather was thrown into the process as a result of a dispute over a case and my good fortune to have the capital to wage an effective campaign. Political ideology played no part in my decision to run for Judge and the politicals were more concerned with my ability to fund a campaign as opposed to any effort to analyze meritorious judicial abilities. And of course, once elected, no one questions the Judge! The Judge rules! Bull! Judges should be rated/ranked and be subject to a process for removal – not a never-ending tenure based on statutory limits as to age. I realize that this article will not engender any major changes in the method by which we select our Judges in Montgomery County, Ohio. The integrity of the Judge office in this county, my opinion, is in large part attributed to the administration of our court. Quite simply,
the administration headed by Steve Hollon and Mary Kay Stirling ensures that justice continues to be the standard here in our county. I watch from my position the efforts that are waged to help our citizens: The attorneys – defense and prosecution; The Probation Department; Pretrial Services; Court Staff and all of the administrative staff – this County has developed a state-wide reputation for helping people and most attorneys would say Montgomery County Common Pleas is simply the best jurisdiction to practice law. This article offers no advice going forward; however, in the interest of continued excellence, this author would invite constructive criticism. I call for anonymous ratings/suggestions/ criticisms of Judges by both the bar association members and the courthouse staff. Of course, the key is the anonymous aspect of input as generally everyone kisses the rings of our jurists – at least in public. In every aspect of my professional life, I always hope to improve. I realize that I work for the citizens of Montgomery County and can best serve when unfiltered comments/criticism can be considered. Of course, Jim Ambrose will be prohibited from commenting privately as he has mastered the art of the public insult...
Pre-Order additional copies of the 2022 directory! Limited Quantities Available
Dayton
Legal Directory
2022
A N OT H E R D B A M E M B E R B E N E F I T ! The DBA will be mailing the 2022 Dayton Legal Directory to all Members as yet another benefit of DBA Membership. Please use this form to order additional copies.
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Sign Up! becomeanohionotary.com
BecE5eafOBaENEas…! Through a joint venture with the AEsEf,fca a C ffaa, Dayton, Toledo and OBE a aeS as B AxxEcaaaEfx , the DBA is helping new and renewing notaries across all of Ohio with all of their education and testing needs. Ohio Notary Services (ONS) is truly the one-stop-shop for all things notary in Ohio, including required courses, tests, and notary supplies. NEas…LaCBecE,ax: e^S N Obtain a formal Bureau of Criminal Investigation (BCI) background check e^S Visit NbecE5eafEBaEfEas…NcE5 , attend class virtually and pass the test (if required.) ONS will provide you with a certificate for submission to the Secseas…EfaeS N e^S Visit the Ohio Secretary of State's website and select File Online to submit your application. e^S Return to NbecE5eafEBaEfEas…NcE5 to purchase your notary supplies. Free standard shipping on all notary bundles! (Use the code “FREE”) 22
Law Related Organizations
Greater Dayton Volunteer Lawyers Project
What happens now? The GDVLP Clinic in a post-COVID-19 Age
A
fter two years of Zoom, Webex, and Teams meetings, how do we go back to providing the personalized service our clients had come to expect over the previous 30+ years? This is the question the GDVLP is currently wrestling with. A face-to-face meeting with an attorney is an experience that usually happens when a client is having one of the worst periods of their life. Divorce, death of a loved one, major personal disasters - unfortunately, these are the times that most people need the services of legal counsel. And often, the opportunity for the lawyer to rest a reassuring hand on the client’s shoulder, look them in the eye and let them know that they are not alone - legal reinforcements are now on board to assist – this is the one moment when the client can breathe more easily and feel that the burden is no longer theirs alone. But in the absence of in-person appointments over the last 26 months, how do we provide clients with that same sense of reassurance? To be sure, the rapid advancements of technology that enabled so many of us to continue to work at the same, or even increased, capacity as pre-pandemic has been an absolute boon to the legal community. The acceptance of electronic signatures, e-filings, and virtual meetings has made it possible to work from anywhere. It has also made it possible for clients who have mobility or transportation issues to receive equal service via appointments coming directly into their home over an internet connection or smart phone. But those who have been left out by these advancements are those without access to technology or internet service. And those people are often the exact same people that the GDVLP serves - seniors, people surviving in poverty, and individuals without technological experience.
By Summer Hawks, Executive Director GDVLP | summer@gdvlp.prg We are cognizant that not all volunteer lawyers or clients may yet be comfortable with in-person appointments, that there is still a long road to be travelled to consider the pandemic to be truly behind us. For this reason, we are beginning to open up our services to resume in-person clinics while maintaining the flexibility to utilize virtual appointments when it is necessary for health concerns or more convenient for the client and volunteer lawyer. We want to provide the best service we can, tailored to the individual needs of everyone involved. We have already proven that both service models, in-person and virtual, can and do work. Now we just get the flexibility to utilize either one. So, if you have been hesitant to volunteer either because you only want to help remotely or because you are not interested in another virtual meeting, please know that we are here to make the experience as easy as possible for you and the client and we are happy to adjust for your needs. We are all in this together and I know we are going to come out of this shared experience of the last two years stronger and nimbler in our quest to ensure equal access to justice for those we serve.
MAY 2022 |
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Law Related Organizations Contact Jennifer Otchy, DBF & DBA CEO for information about the Foundation.
Dayton Bar Foundation
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STRENGTHEN Our Foundation.
The Dayton Bar Foundation (DBF) is a 501 (c)(3) charitable organization and serves as the giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBF to continue to fulfill its mission of funding innovative local organizations in their quest to improve our community by promoting equal access to justice and respect for the law. In the past few years your contributions helped to fund grants to:
• Advocates for Basic Legal Equality (ABLE) • Catholic Social Services of the Miami Valley • Greater Dayton Volunteer Lawyers Project (GDVLP) • Law & Leadership Institute • Legal Aid of Western Ohio (LAWO) • Life Essentials Guardianship Program • Miami University Pre-Law Center • Wills for Heroes A,,afxasee,aab,eEs f cBasaab,edecaEfxEf…Esfedsa,afcE5ea»sesf…E af ae5a@edecaEfxN = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = =
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Law Related Organizations
MAY 2022 |
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Law Related Organizations
University of Dayton School of Law
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DBA Members on the Move & Classified Ads
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MacBae,JNMa,,Efa has been selected for inclusion in the 2022 Edition of The Best Lawyers in America in the practice area of Elder Law. Inclusion in Best Lawyers is based on a rigorous peer-review survey comprising a total of more than 10.8 million confidential evaluations by top attorneys across the nation. This rankling is reserved for the top 5% of private practice attorneys nationwide. Michael has also been Certified as an Elder Law Attorney by the National Elder Law Foundation since 1998, is an OSBA Board Certified Estate Planning, Trust and Probate Specialist and a member of the National Academy of Elder Law Attorneys since 1991. The practice of elder law includes preparation of wills, trusts, powers of attorney, living wills, probate, guardianships, planning for special needs children, asset protection planning from lawsuits and protecting estates from nursing home costs.
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DBAC7amm"'dAdm LOCAL COURT RULES
Dayton Municipal Court has proposed changes to the Local Court Rules. Please visit Dayton Municipal Court: daytonmunicipalcourt.org for notice of and an opportunity to view and comment on proposed local court rules.
MEDIATION/ARBITRATION Dennis J. Langer Retired Common Pleas Judge (937) 367-4776 LangerMediation.com
• The DBA Editorial Board reserves the right to refuse any ad. MEDIATION/ARBITRATION
William H. Wolff Jr., LLC Retired Trial and Appellate Judge (937) 293-5295 | (937) 572-3185 judgewolff@woh.rr.com
MEDIATIONS
Jeffrey A. Hazlett Esq. 5276 Burning Bush Lane Kettering, Ohio 45429-5842 (937) 689-3193 hazlettjeffrey@gmail.com nadn.org/jeffrey-hazlett
DISPLAYADINDEX: Daily Court Reporter.........................15 the dayton foundation.....................15 eikenbary trust......................................19 Ferneding Insurance............................15 LCNB Bank......................................................19 NFP/Rogers McNay................................23 OBLIC...........................................back cover R.L. Emmons & Associates................27 MAY 2022 |
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109 N. Main St., Suite 600 Dayton, OH 45402–1129 ADDRESS SERVICE REQUESTED
