CLE: May-August Calendar

DBA CLE: MAY-AUGUST 2022

MAY 2022

TUESDAY MAY 10 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.

JUNE 2022

THURSDAY JUNE 9 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

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 JUNE 16 9:00am-10:00am | Zoom Video Replay | 1.0 PC hr 2022 Diversity Day - Part 1 with Professor Myla Cardona Jones

TUESDAY JUNE 21 Noon-1:00pm | Zoom | 1.0 Gen hr Slavery and the Consitution with UD Dean Jeffrey Schmitt

JULY 2022

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.

THURSDAY JULY 14 9:00am-10:00am | Zoom Video Replay | 1.0 PC hr 2022 Diversity Day - Part 2 with Montgomery County Recorder, Brandon C. McClain

AUGUST 2022

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

THURSDAY MAY 19 4:00pm-5:00pm | DBA Office | 1.0 Gen hr Name Image and Likeness Rights for NCAA Athletes with Luke Fedlam In July 2021, student-athletes at colleges and universities across the country gained the right and ability to start earning compensation from the licensing of their name, image and likeness (NIL). NIL represents one of the most significant changes to college sports in history; but, what exactly is NIL? How did we get to where we are today? Where are things going? These questions will be discussed during this presentation through the understanding of the impact of state laws, school policies, and a very significant Supreme Court ruling.

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.

WEDNESDAY MAY 25 9:00am-10:00am | Zoom Video Replay | 1.0 Gen hr Marriage Equality with Christopher Riano

WEDNESDAY JUNE 29 Noon-1:00pm | Zoom | 1.0 Gen hr Gun Law for the Everyday Practitioner with Derek Debrosse

THURSDAY AUGUST 18 1:00pm-4:15pm | Zoom Video Replay | 3.0 Gen hrs 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

Access the On-Demand DBA CLE library online 24-7, 365!

On-Demand

DBA CLE Featured Programs:

• Practicing Law in a Digital World • Legal Impacts of Cryptocurrency, Bitcoin and NFTs • In Baseball, Some Steals are Frowned Upon • Basic Cell Phone Technology and Techniques • Dealing with Difficult Clients

daybar.org/seminarweb | dba cle: (937) 222-2324

Rising Star: Chandler L.Watson Esq.

Staff Attorney, Premier Health

By Sarita Simon Esq. | CASA Program, Montgomery County Juvenile Court | SSimon@mcjohio.com

Attorney 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.

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

Much 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 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

From the Judge's Desk:

By The Honorable Richard S. Skelton

Judicial Elections Montgomery County Common Pleas Court richard.skelton@montcourt.oh.gov and Judges Montgomery County, Ohio

Who’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 (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...