SUMMER2022 The Official Magazine of the DBA Bar Briefs DBA Board of Trustees Annual Meeting Merle Wilberding, planting tomatoes at DBA Volunteer Day DBA Volunteer Day at The Foodbank Dayton Urban Garden DBA Leadership Development ClassCornhole Tournament DBA Night with the Dragons
Bar BriefsContentsDBA Board of Trustees 2022-2023 Hon. Caroline H. Gentry President Anne P. Keeton First Vice President Hon. Michael J. Newman Second Vice President Jamar T. King Treasurer Michael J. Jurek Secretary Ebony D. Davenport Member–at–Large Lauren K. Epperley Member–at–Large James H. Greer Member–at–Large Brian L. Wright Member–at–Large Merle F. Wilberding Immediate Past President John M. Ruffolo, ex officio Bar Counsel Jennifer Otchy, ex officio Chief Executive Officer BAR BRIEFS is published by the Dayton Bar Association, 109 N. Main St., Ste 600, Dayton, OH 45402–1129, as its official publication for all members. Comments about this publication and editorial material can be directed to the DBA office. The DAYTON BAR BRIEFS is published September through PaidSummer.subscription: $30 / year Library of Congress ISSN #0415–0945 Jennifer Otchy Chief Executive Officer Shayla M. Eggleton Communications & Membership Director Phone: www.daybar.org937.222.7902 The contents expressed in the publication of DAYTON BAR BRIEFS do not reflect the official position of the DBA. vol. 71 10 no.SUMMER2022 4 MESSAGETRUSTEE'S 14 DESKJUDGE'S Columns: 6 BARRISTER OF THE MONTH 12 PUBLIC & MBR SERVICES 20 UDSL Features: Updates to Bar Briefs Schedule By Michael Jurek Esq. | Senior Corporate Counsel, Fuyao Glass Inc. Take Note of Special Protections for Servicemembers By The Honorable Robert Hanseman | Montgomery County Common Pleas Court Geoffrey P. Walker Esq. System Vice President & Chief Legal Officer, Premier Health By Dave Greer Esq. | Bieser Greer & Landis LLP Community Fellowship By The Honorable Chris Epley | Second District Court of Appeals New Program Offers Students Free Law School Tuition and a Job After Graduation By Shawn Robinson | University of Dayton News and Communications Also In This Issue: 3 DBA ANNUAL PARTNERSHIP Sponsor the DBA in the new bar year! 5 2022-2023 BOARD OF TRUSTEES 7 30TH ANNUAL BENCH BAR CONFERENCE Save the Date: November 4th 11 DBA EVENTS: SEPTEMBER - NOVEMBER Register online today! 12 ON-DEMAND CLE & UNL CLE MEMBERSHIP Get the CLE you need, for one price! 13 CLE LUNCH & LEARN SERIES September-December 2022 16 ANNUAL MEETING COLLAGE & SPONSOR THANK YOU 19 LAW RELATED ORGANIZATIONS 22 CLASSIFIEDS , MEMBERS ON THE MOVE, ADVERTISER INDEX
Advertising & Marketing Exposure// Partnership Recognition via: • EVENT MARKETING • SIGNAGE DBA OFFICES • DAYTON BAR BRIEFS MAGAZINE • WEBSITE: www.daybar.org • PEEK @ THE WEEK • ZOOM Intro DBA Programs • SOCIAL MEDIA FIRM HIGHLIGHT • DAYTON LEGAL DIRECTORY Event Sponsorships & Registrations// Entry to the Following DBA Events: • ANNUAL MEETING • BENCH BAR CONFERENCE • DIVERSITY LUNCHEON • HOLIDAY LUNCHEON CLE Discounts// Discounts on all DBA CLE Courses. • INCLUDING ON-DEMAND & SELF STUDY PROGRAMS • FREE! CREDIT HOURS Bench Bar Conference *Up to 8-attendees • FREE! CREDIT HOURS Diversity Day *Up to 8-attendees Concierge Service// Priceless! • DBA MEMBERSHIP SERVICES & BENEFITS Free Fastcase & Discounts on ALL DBA Courses & Events. • SIMPLE EVENT REGISTRATIONS & SIGN UP You’re already on the list! • CLE REGISTRATIONS Prompt reporting to Supreme Court of Ohio. For More Details on Becoming a DBA Annual Partner Contact: JENNIFER OTCHY, DBA CEO | jotchy@daybar.org | (937) 222.1364 Provide 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.
The 2022-2023 Bar Briefs publication schedule is as follows: The digital version of Bar Briefs will continue to be available to you as a com plimentary membership benefit, and the link for each edition will be sent out for each edition as soon as it is available, following the new 2022-2023 publication schedule. Also, if you are encountering issues receiving the print edition, or if you wish to opt out of printed version of Bar Briefs and only receive the digital version, please send an email to Shayla Eggleton, DBA Communications & Membership Director at: seggleton@daybar.org We invite you to be on the looking in the upcoming year for an even more enhanced digital experience on the homepage of our website, called “Bar Bytes." In the meantime, for timely event information, we would encourage you to visit the DBA website, check your inboxes and your MyDBA Dashboard for event news and details. Everyone at the DBA will continue to work diligently to make Bar Briefs the highest quality publication it can be, and ensure it gets to you in a timely manner. We thank you in advance for your understanding.
Trustee's Message:
DAYTON Bar Briefs | summer 20224 SubmissionContent/ArticleDeadline:
Recently, the DBA has experienced some challenges and changes in the print production of our magazine. One of those larger changes has been a 35% increase in production and printing costs. In addition, we have experienced unreliable delivery and production, both due to supply chain issues and delays from USPS.
September/October November/December20222022March/April2023January/February2023May/June2023July/August2023
Bar Brief Issue: August 1, 2022 October 3, 2022 December 1, 2022 February 1, 2023 April 3, 2023 June 1, 2023
By Michael J. Jurek Esq. DBA Secretary Senior Corporate Counsel, Fuyao Glass America michael.jurek@gmail.comInc. Dayton Bar Briefs Schedule
Furthermore, the DBA has enhanced its website and email communications, building additional digital experience. The “Peek at the Week” email (sent every Friday) will continue to serve as the primary method for communicating DBA events and CLEs in conjunction with the DBA website (daybar.org). Also, over the past year, the DBA has worked diligently to create a comprehensive editorial, content and communications calendar so as not to flood our members’ inboxes with emails. All of these digital efforts serve to efficiently spread important bar-related information and offerings to you, our valued members.
One of the many benefits included with DBA Membership is the Dayton Bar Briefs Magazine. The premier flagship publication of the DBA, the Dayton Bar Briefs is designed to inform members about the issues and concerns of our local legal community.
There have been instances where our finished product took weeks to reach our members’ mailboxes, instead of predictable few days it took a decade beforehand. We must now pivot in light of these challenges. Pivoting requires not only changing the publication schedule, but also the content we feature in Bar Briefs. Starting this fall, the DBA will be moving to a bimonthly publication. The good news is that we expect each edition of Bar Briefs to have higher quality content since we will have fewer print inches to fill, which makes each article that much more important. Also, more space will be devoted to substantive articles and features. We hope to deliver more content showcasing membership highlights and insights from our Board of Trustees, Judges and the Courts, and Section/Group/Division Leaders, as well as the regular submissions we routinely receive from our members.
Column Updates to the
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The DBA supports the full and equal access to and participation by individuals in the Association, the legal profession and in the justice system regardless of race,gender, ethnicity, national origin, religion, age, sexual orientation, gender identity, or disability. are committed to the implementation of the terms spirit of this Statement
The DBA furthers the administration of justice; enhances the public’s respect for the law; and promotes excellence and collegiality in the legal profession. aspire to have all citizens of community respect and understand the role of lawyers, the legal system, and the administration of justice.
5summer 2022 | DAYTON Bar Briefs DBA Board of Trustees Hon. Caroline H. Gentry President Phone: (937) ohssd.uscourts.govCaroline_Gentry@512-1590 Anne P. Keeton First Vice President Phone: (937) akeeton@ffalaw.com222-2424 Hon. Michael J. Newman Second Vice President Phone: (937) Michael_Newman@512-1640ohsd.uscourts.gov Michael J. Jurek Secretary michael.jurek@gmail.com Jamar T. King Treasurer Phone: (937) jamar.king@thompsonhine.com443-6500 Ebony D. Davenport Member-at-Large Phone: (937) davenporte1@udayton.edu229-3555 Lauren K. Epperley Member-at-Large Phone: (937) lepperley@swohiolaw.com427-8800 James H. Greer Member-at-Large Phone: (937) jhg@biesergreer.com250-7779 Brian L. Wright Member-at-Large Phone: (937) bwright@ficlaw.com227-9910 Merle F. Wilberding Immediate Past President Phone: (937) wilberding@coollaw.com449-5772 John M. Ruffolo ex officio Bar Counsel Phone: (937) ruffololawdayton@aol.com434-3556 Jennifer Otchy ex officio Chief Executive Officer Phone: (937) jotchy@daybar.org222-1364 Our Vision Our Mission
our
on Diversity and Inclusion. Diversity Statement 2022-2023
As he transitioned from the private practice of law into the field of Healthcare as an in-house lawyer and business advisor, Geoff continued to make the positive qualities of all he encountered into part of his own approach to problem-solving and interpersonal relationships. At Miami Valley Hospital he reported to Dale Creech who had come into the business world of Healthcare from the same law firm in which Geoff had served his apprenticeship. Dale had a smooth, friendly, laid-back personality which was the effective surface layer of an unusual instinctive grasp of the right result to be sought and secured in disputed matters. Geoff reflects those traits in a warm, congenial personality and a reputa
The lessons and examples provided by those two lawyers were taken to heart and never forgotten.
literary style may open the gates to the mystery and meaning of life far wider than the terse prose of Crane or Hemingway. Nonetheless, busy people charged with specific tasks -- judges, for example -- need bullet points more than brilliance. It was a lesson that some of his superiors still have a tendency to honor in the breach rather than the observance, but the lesson was not lost on Geoff and became part of his legal and business writing style today. He rewrote the motion into a four-page document, and it was sustained by the court.
Premier Health Partners
DAYTON Bar Briefs | summer 20226 Feature
Have you ever encountered a fellow human being who displays a perfectly balanced blend of full emotional engagement and complete critical thinking? No? Well, here is your opportunity.
The story begins with an inheritance of missionary dedication.
Geoff was born in India into a family with a history of spreading the message of Christian charity and purpose in both foreign and domestic venues. Returned to the States for a boyhood in small town Indiana, he developed a work ethic through farm labor as well as - of course - enthusiasm for the art of basketball. His father was an old-fashioned doctor with a selfless dedication to the patients he served. Working hard and helping others were further ingrained in Geoff during his educational experience at Cedarville College. After his graduation he spent some time in the workaday world and then entered the University of Dayton Law School. Geoff obtained his law degree and passed the Ohio Bar in 1986. At that moment he became an associate in the law firm of Bieser Greer & Landis where I had the pleasure of working with him until 1992 when he became an in-house attorney at Miami Valley Hospital. He had demonstrated impressive skills as a general practitioner of law, but his father’s history as a doctor magnetized him into the healthcare field. In 1997 he became the chief legal counsel for Good Samaritan Hospital which had become part of the Miami Valley/Premier Health Partners System. In 2005 he returned to Miami Valley Hospital where he has succeeded Dale Creech in his current position. That outline of the first thirty-six years of his professional career, however, says little about his professional skills or his human personal ity. In a reverse reflection of one of those Tennysonian maxims which festooned the walls of the old NCR plant, everyone Geoff has met in his Odyssey of life became a part of him. We have already touched upon the influences of family, youth, and formal education. The process continued as his professional life unfolded. Geoff has a vivid memory of one of his first experiences in the private practice of law. He had been assigned the task of drafting a motion for summary judgment in some now-forgotten legal dispute. He poured all of his skill and energy into that task and submitted the product of his labors to the firm’s trial team for review. The review began on a positive note. He was told that his writing skills were impressive, that is intel lectual grasp of the problems presented was superb, that the motion he had written would probably qualify for acceptance as an essay by the New Yorker magazine. Then came the letdown. He was informed that the word “Brief” did not come into the law by accident. Judges are busy people who are required by their position to read endless pages of writing. The luxuriant paragraphs of William Faulkner’s Barrister of the Month:
In the realm of business law Geoff’s mentors were Charlie Shook and Ted Shank. He still cherishes the guidance they gave him, lessons that remain critical components of his approach to the multitude of tasks which he is required to address every day in his professional life. Charlie had a patient curiosity and refined intellect which he used to explore every angle of a problem from every conceivable perspective. He never made snap judgments, and his judgments were usually sound. Ted offered an unerring focus on every minute detail of a business transaction and on every word and its implications or ambiguities in a business document.
Geoffrey P. Walker Esq.
Geoff Walker, among other titles, is currently the System Vice President and Chief Legal Officer of Premier Health Partners. Reporting to him is a staff of eighteen individuals, including six attorneys. He also holds officer positions in a number of related entities. How did he achieve those positions and that blend of strong and contrasting personal traits? Read on.
7summer 2022 | DAYTON Bar Briefs
The final component in Geoff’s life and personality, the component that ties it all together and renders it meaningful, is music. Geoff is a gifted guitarist and a compulsive collector of guitars. His taste in music is universal. He loves Celtic music and Gypsy jazz, but has equal affection for classical music, country songs, and popular music of all kinds. Like Louis Armstrong, he holds the opinion that there are only two kinds of music: good and bad. You will find him at his Baptist church every Sunday or a local charity event playing for the pleasure of God and of God’s children. But you may also find him almost anywhere human beings gather to play or to hear music. That stuff about soothing savage beasts may be nothing more than myth, but he and I agree that life without music would be fit only for savage beasts.
By Dave Greer Esq. Bieser Greer & Landis dcg@biesergreer.comLLP
tion for getting things done with becoming humility. Nobody does it alone in this tough world. Geoff has the benefit of a gifted, intelligent, patient and caring wife, Valerie, who has been at his side for over three decades. Valerie, a retired CPA, also serves as his enthusiastic partner in providing pro bono legal and accounting advice to local charities. He has the added benefit of two adult children who have prospered in their own lives and fields of endeavor. Based on my impression of DNA, I was surprised to learn that his daughter is an engineer. But, human genes are always full of surprises, and - when the surprise is a pleasant one - are cause for rejoicing. His son’s occupation is also a cause for rejoicing, but less of a surprise. He teaches history in Kosovo for an American NGO. He is fluent in the Albanian language and equally fluent in the art of playing the piano. The missionary gene is alive and well in the Walker family.
The field of Healthcare is a subject in today’s society of justifiable praise and of justifiable criticism. Geoff is candid about the fact that his employer is a business bound to the principle of “no margin – no mission”. He is also candid about the fact that healthcare costs are a huge concern for citizens, individual physicians and politicians in our society. He remains adamantly committed to the proposition that the real business of his employer is to provide exemplary treatment, care, support, and love for fellow human beings, whoever and wherever they may be. It is his job to do everything he can to honor that commitment.
30th Anniversary DBA Bench Bar Conference Friday, November 4, 2022 Sinclair Conference Center 2022 Co-Chairs: The Honorable Susan D. Solle Montgomery County Common Pleas Court Susan Blasik-Miller Esq. Freund, Freeze & Arnold A Legal Professional Association Topics include: • Mental Health Issues in Our Community Helen Jones-Kelley, Executive Director, ADAMHS Tristyn Bell, Director of Prevention Services, ADAMHS • Social Justice Initiative: How Attorneys Can Impact Change in Our Community • Ohio Firearms Laws and Their Relation to Mental Health register: daybar.org/benchbar
Wait a minute! Surely, the subject of this little article cannot be a man without some faults or failings! Well, I apologize for the decibel level of some of my comments, but I am sorry to report that – unless modesty and humility are faults and failings – I have found none. While he is the kind of a person who might want to add a confessional appendix to an article of this na ture, I would reject any such effort and offer my description of him as a role model for those who aspire to achieve success in the legal profession and in life.
Meeting Dates &Times
DAYTON Bar Briefs | summer 20228 September 14, 2022 October 12, 2022 January 11, 2023 February 8, 2023 March 8, 2023 April 12, 2023 May 10, 2023 Substantive Appellate Court Practice 2nd Wednesday at 12pm Terry W. Posey Jr., Co-Chair Jeffrey S. Sharkey, Co-Chair DBA Section Leadership AdministrativeEikenbaryAdvisoryBoard Frank B. Williams III., Co-Chair Unauthorized Practice of Law & Fee Dispute Arbitration John M. Ruffolo, Co-Chair AdvisoryBarExamand Qualifications John (Jack) R. Hilgeman, Co-Chair Harry G. Beyoglides Jr., Co-Chair Professional Ethics Adam R. Webber, Chair Julius Carter, Co-Chair Karen D. Bradley, Chair Joe Oehlers, Co-Chair Service2022Bench Bar Conference Hon. Susan D. Solle, Co-Chair Susan Blasik-Miller, Co-Chair Bar Briefs Editorial Board Zach White, Chair Diversity Issues 3rd Friday at 12pm Ebony Davenport, Co-Chair Ashton Hood, Co-Chair September 17, 2022 October 15, 2022 November 19, 2022 January 21, 2023 February 18, 2023 March 18, 2023 April 22, 2023 May 20, 202 4Paralegal th Thursday at 12pm Vanda Morgan, Chair Dana Ryan, Co-Chair
Civil Tuesday at 7:30am Jeff Cox, Co-Chair Michael Sandner, Co-Chair
Trial & ADR 2nd
September 13, 2022 October 11, 2022 November 8, 2022 January 10, 2023 February 14, 2023 March 14, 2023 April 11, 2023 May 9, 2023
September 29, 2022 October 28, 2022 November 18, 2022 January 27, 2023 February 24, 2023 March 24, 2023 April 28, 2023 May 26, 2023 Services
2022-2023
Public & Member
Hon. Mary Kate Huffman, Chair Hon. Christopher Epley, Chair Justice th Friday at 12pm Bonnie Beaman Rice, Chair September 23, 2022 October 28, 2022 January 27, 2023 February 24, 2023 March 24, 2023 April 28, 2023 May 26, 2023
Social
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September 7, 2022 October 5, 2022 November 2, 2022 January 4, 2023 February 1, 2023 April 5, 2023 May 3, 2023 Federal Practice 3rd Tuesday at 12pm Daniel Gentry, Co-Chair
September 20, 2022 October 18, 2022 November 15, 2022 January 17, 2023 February 21, 2023 March 21, 2023 April 18, 2023 May 16, 2023
Substantive (cont.)
9summer 2022 | DAYTON Bar Briefs
1st Wednesday at 12pm Kirstie Gotwald, Co-Chair
February 1, 2023 March 1, 2023 April 5, 2023 May 3, 2023 Young Lawyers Division
Employment Law 2rd Tuesday at 12pm (Bi-monthly)
Hon. Peter Silvain, Co-Chair
September 21, 2022 October 19, 2022 November 16, 2022 January 18, 2023 February 15, 2023 March 15, 2023 April 19, 2023 May 17, 2023 Domestic Relations
September 14, 2022* October 5, 2022 November 2, 2022 January 4, 2023 February 1, 2023 March 1, 2023 April 5, 2023 May 3, 2023
Gretchen Treherne, Co-Chair
Join a DBA Section at any time, online: daybar.org/sections
September 22, 2022 October 27, 2022 November 17, 2022 January 26, 2023 February 23, 2023 March 23, 2023 April 27, 2023 May 25, 2023 Law 3rd Wednesday at 12pm
Criminal
September 13, 20222 November 8, 2022 January 10, 2023 March 14, 2023 May 9, 2023 Estate Planning Trust & Probate 1st Wednesday at 4pm
Thaddeus Hoffmeister, Co-Chair Kyle Lennen, Co-Chair
1st Wednesday at 12pm Kaylee Price, Co- Chair Jordan Jennings, Co-Chair
Marc Fleischauer, Co-Chair
Mag. Jacqueline Gaines, Co-Chair
Juvenile Law 1st Tuesday at 12pm Misty Connors, Co-Chair Sara Barry, Co-Chair September 6, 2022 November 1, 2022 January 3, 2023 February 7, 2023 March 7, 2023 April 4, 2023 May 2, 2023 Real Property 2nd Thursday at 12pm Shannon Costello, Co-Chair Shannon Martin, Co-Chair September 15, 2022 October 13, 2022 January 12, 2023 February 9, 2023 March 9, 2023 April 13, 2023 May 18, 2023 Workers’ Comp / Social Security 3rd Thursday at 12pm Michael Rake, Co-Chair Kristina Curry, Co-Chair September 8, 2022 November 3, 2022 January 5, 2023 March 2, 2023 May 4, 2023
September 7, 2022 October 5, 2022 November 2, 2022 January 4, 2023
Corporate Counsel 4th Thursday at 5pm Marcie Hunicutt, Co-Chair Lynn Reynolds, Co-Chair
Edward M. Smith, Chair Kristina Rainer, Vice-Chair
DAYTON Bar Briefs | summer 202210 Feature By The Honorable Chris Epley, Co-Chair | Second District Court of Appeals | epleyc@mcohio.org Community, fellowship, fun – it all happens at the DBA events throughout the year. The Public & Member Service section hosts many of the best events for the Dayton Bar Association. These events are an outstanding way to stay in touch with members of our bar association. If you are looking for a third space (mine is my road bike), considering attending these events between your home and office. Put these dates on your calendar so we can catch up: I look forward to seeing you at the bar (events). DBA Public & Member Services 2022-2023 DBA Public & Member Services Events: August 25 Dayton Beer Company @ 4pm-6pm Brews with the Bar Sept. 8, Oct. 6, Nov. 3, Feb. 2, Mar. 2, Apr. 6 & May 4 @ 11:30am-1pm Engineers Club Dayton Chancery Club Luncheon October 3 University of Dayton School of Law @ 12pm-1pm First Monday Luncheon October 27 Location TBA @ 7:30am-9am Breakfast with the Bench December 1 Cocos Bistro @ 4-6pm New Admittee Reception
V i s i t u s o n l i n e f o r m o r e l i s t i n g s a n d t o r e g i s t e r V! i s i t u s o n l i n e f o r m o r e l i s t i n g s a n d t o r e g i s t e r ! October 8 First Monday in October Wills for Heroes 50-Year Honoree Celebration Breakfast with the Bench 30th Annual Bench Bar Conference F o r r e g i s t r a t i o n a n d m o r e i n f o r m a t i o n : w w w . d a y b a r . o r g A celebration marking the beginning of the U S Supreme Court's term Volunteer to help provide wills and other estate planning documents to military spouses and domestic partners. Join us in congratulating our 2022 Honorees! Richard A. Broock, John Mohr, Hon. Jeffrey Froelich (Ret.), Mathias Heck, Hon Alice McCollum (Ret ) and Peter F von Meister A unique way to socialize with members of the Montgomery County bench and bar before you start your day! Join us as Judge Susan Solle and Susan Blasik Miller Esq co chair this years program, celebrating our thirty year anniversary! October 1 1 @ Sinclair Conference Center @ Sinclair Conference Center @ Sinclair Conference Center @ Location TBA October 3 @ Sinclair Conference Center Book Club @ DBA Offices Join us for discussion of the book Incomparable Grace: JFK In the Presidency by Mark K Updegrove October 1 3 2 7 October October 2 0 November 4 Chancery Club Luncheon Brittany Long of ADAMHS will present 1 hr program on Mental Health @ Engineers Club Dayton 11
DAYTON Bar Briefs | summer 202212 DBA Continuing Legal Education Search our catalog today and take the CLE hours you need, on your time! DAYBAR.ORG/ONDEMANDCLE A Few On-Demand Program Offerings: Mediation Do's and Don'ts In Baseball, Some Steals are Frowned Upon Practicing Law in a Digital World An all-inclusive, convenient, and affordable way to experience DBA CLE! UNLIMITED CLE MEMBERSHIP (formerly known as DBA CLE Passport) Start saving today on UNLIMITED Live, On-Demand and Self-Study CLE! Contact Kate Bertke, to purchase: kbertke@daybar.org $349only! Available for purchase limted time only!
13summer 2022 | DAYTON Bar Briefs Join us on Mondays at 11:30am this Fall & Winter for a Quick 1-1.5 Hr CLE! 9/12 Preparing A Case for Trial Client Case Evaluations and Setting Expectations 1 5 Gen Hrs or 1 5 NLT Hrs 9/19 The "Write" Stuff Effective Writing from the Staff Attorney's Desk 1 5 Gen Hrs or 1 5 NLT Hrs 9/26 Business Immigration 101 1 0 Gen Hrs or 1 0 NLT Hrs 10/10 Preparing A Case for Trial How to Persuade a Jury from Beginning to End: Tell Your Story in Voir Dire, Opening and Closing 1 5 Gen Hrs or 1 5 NLT Hrs 10/17 Introduction to Insurance Recovery 1.0 Gen Hr 10/24 GAL Report Writing for A/N/D Cases 1 0 Gen Hr 11/07 Business Law 101 Entity Formation and Governance for the Business Practitioner 1 5 Gen Hrs or 1 5 NLT Hrs 11/21 Ran Some, Lose Some Preparing for and Surviving Against Ransomware Attacks 1 0 Gen Hr 11/28 Preparing A Case for Trial Discovery Evolving with Technology and the Civil Rules 1 5 Gen Hrs or 1 5 NLT Hrs 12/05 Business Law 101 Contracts and Employment Law for the Business Practitioner 1 5 Gen Hrs or 1 5 NLT Hrs 12/12 Preparing A Case for Trial Evaluating Evidence for Purposes of Trial 1 5 Gen Hrs or 1 5 NLT Hrs 12/19 Secondary Trauma, Burnout, and Self-Care for Lawyers 1 5 Professional Conduct Hrs 11/14 It's Not a "Get Out of Jail Free" Card: Navigating Ohio's Medical Marijuana Laws 1 5 Gen Hrs 937.222.7902 kbertke@daybar.org www.daybar.org S E P T E M B E R O C T O B E R N O V E M B E R D E C E M B E R DBACLE DBACLE DBACLE Boxed lunches available for purchase or feel free to bring your own! Place your lunch order when registering. DBA Continuing Legal Education
Column From the Judge's Desk:
By The Honorable Robert G. Hanseman Montgomery County Common Pleas robert.hanseman@montcourt.oh.govCourt
DAYTON Bar Briefs | summer 202214
Take Note of Special Protections for Servicemembers
Before entering private practice in 2001, I was a military attorney and the protec tions of what was formerly called the Soldiers & Sailors Civil Relief Act were useful when representing Airmen facing legal issues. Using the provisions of the Act our office often obtained relief from counterparties who had ignored the Act’s protections. Congress passed the law in 1940 and comprehensively overhauled it in 2003, expanding the law’s protections and changing its name to the Servicemember’s Civil Relief Act (“SCRA”). In a community such as Dayton with a major military installation nearby there is a good chance that eventually a tenant your client hires you to evict or a defendant you pursue other claims against will turn out to be on Active Duty, or perhaps in the National Guard or Reserve, which are also covered under certain conditions. It behooves any litigator think about the Act before charging into action. Conversely, if you are retained by a servicemember or his (or her) family, you have some extra tools in your litigation kit. The marquee aspect of the law and its predecessor versions is the rule that no Default Judgment can be granted against a servicemem ber who fails to make an appearance, without first appointing an attorney to represent him. Most litigators understand that this rule ap plies to all civil court proceedings, but when Congress revised the law in 2003 it expanded this rule to cover all administrative agencies of the United States, of a state or within a state. 50 U.S.C. §3912 this makes the law applicable right down to local proceedings, such as a county housing agency or zoning board con templating whether a servicemember’s house is complaint with regulations. Unlike many other protections afforded by the SCRA that a servicemember must actively assert, the restraint on default judgments requires no action by the servicemember; rather the burden is on the Plaintiff, who must file an affidavit stating whether a defendant is in military service or not, or stating whether the fact cannot be as certained after a good faith effort to determine that status. There is really no excuse for igno rance these days as military status can usually be verified using one of several online services. Even after a servicemember makes an ap pearance (perhaps through counsel), the SCRA often will compel the stay of civil, judicial and administrative proceedings for 90 days. The stay is mandatory upon the servicemember’s request, subject only to a showing that his or her ability to appear is materially affected by their job requirements and stating a date when they can appear. Often this takes the form or a letter from the servicemember attaching a copy of his Orders, or a letter from a commanding officer. With the advent of remote hear ings such as Zoom, it will become harder for servicemembers to assert that they are unavail able, assuming that reasonable accommodations are offered by a court or agency. Even after an attorney is appointed and assuming a matter progresses to a judgment or adverse decision, a servicemember can apply for relief from judg ment within 90 days after the end of military service.The SCRA includes multiple sections that affect preexisting contracts, some of which serve as a shield for the servicemember and oth ers that function as a sword. Servicemembers can apply for temporary relief from almost all contractual obligations; this is narrow relief in that it only defers the obligation until 180 days after the termination of military service, it does not cancel debts. However, it is not limited to deployed personnel, but rather is available to anybody in military service. In 2021, Congress amended the Act to allow servicemembers to terminate internet, phone and cable contracts if they are on orders lasting 90 days (50 U.S.C. §3956(a)). Even before the congressional action Ohio had passed similar protections, allowing cell phone contracts to be cancelled without penalty upon a deployment (R.C. §1349.03).
Living arrangements and the necessity to change them rapidly are given special atten tion by the Act; servicemembers are allowed to terminate their leases not only upon receipt of
Conversely, Lenders are prohibited from rescinding or terminating a contract for the installment purchase or lease of real property without seeking a court order. The protection attaches once the service member makes a deposit or a first payment on the obligation, per 50 U.S.C. §3952. The same rule applies to personal property including motor vehicles with an added ban on repossessions without prior judicial involvement.
Another striking feature of the SCRA is that it bars periods of military service from inclusion in computing statute of limitations period, both on behalf of or against the Servicemember. While the SCRA does not contain a time requirement for the servicemember to exercise their rights, some courts have imposed a limit. For example, the US Court of Appeals for the 9th Circuit has held that the four-year federal catchall statute of limitations located at 28 U.S.C. §1658 applies. McGreevey v. PHH Mortgage Corporation, 897 F.3d 1037 (9th Cir., 2018). In McGreevey, a Marine asked to have his loan refinanced after a period of active duty; his mortgage company ignored his request and foreclosed on his home; he probably had a good case, but he waited six years after the foreclosure sale to bring suit – which turned out to be too long. However, the protections of the Act can be enforced not only via private cause of action, but also Attorneys General, who are authorized to file a federal lawsuit against any person or entity who engages in a pattern or practice of violat ing the law, 50 U.S.C. §4041(a)(1). Though Mr. McGreeyey’s private litigation was time-barred, he had the last laugh as his case caught the atten tion of the U.S. Attorney’s office in Seattle, which opened an investigation into the loan servicing company and ultimately forced the company to pay $125,000 to Mr. McGreevey and the same amount to five other servicemembers who had been foreclosed on. This article only scratches the surface of the many protections offered by the Servicemember’s Civil Relief Act. As with any modern statute, there are a host of technical requirements that are beyond the scope of this article. A careful litigator will consult the statute directly as well as review the relevant case law.
15summer 2022 | DAYTON Bar Briefs Professional Investigative and Legal Support Services Firm R.L. EMMONS AND ASSOCIATES, INC. 842–A E. Franklin Street Dayton, Ohio 45459 Polygraph Asset Searches Criminal Defense Process Service Witness Locates / Interviews Surveillance Civil Case Prep General Investigation DAYTON: 937 / 438–0500 Fax: 937 / 438–0577 military orders, but also upon initial entry into military service, per 50 U.S.C. §3955. Land lords should take note that the obligations of any dependent who may have cosigned a lease are terminated as well. Once notice is given, the lease will terminate 30 days after the next rent payment is due. If a servicemember lessee dies while in military service, the spouse of a lessee may terminate the lease within one year of the death. Additionally, non-judicial foreclosures are generally prohibited against servicemembers not only during their period of service, but for one year following the end of their service and when considering whether to grant such an order, the court may stay the proceedings for as long as justice requires or “adjust the obligations” of the parties. Failure to obtain a court order prior to a foreclosure is a strict liability offense, but if the creditor has actual knowledge of the debtor’s mili tary status, a fine or imprisonment is authorized.
DAYTON Bar Briefs | summer 202216
Photo credit Julie Noeth @Wallingphotography.net This Year’s Annual Meeting Would Not Have Been Possible Without YOU. Thank you 2022 Annual Meeting sponsors ! Casper & Casper, LLC Connors Law Office, LLC Daily Court Reporter Flagel Huber Flagel CPAs & Business Valuations Ohio Bar InsuranceLiabilityCo. John M. Ruffolo Esq., Ruffolo Stone & Stone J. R. Zent & Associates 17summer 2022 | DAYTON Bar Briefs
Sign becomeanohionotary.comUp! Become an Ohio Notary! Through a joint venture with the Akron, Cincinnati, Cleveland, Toledo and Ohio State Bar Associations, the DBA is helping new and renewing notaries across all of Ohio with all of their education and testing needs. Ohio Notary Services (ONS) is truly the one-stop-shop for all things notary in Ohio, including required courses, tests, and notary supplies. Notary Law Checklist: Step 1 Obtain a formal Bureau of Criminal Investigation (BCI) background check Step 2 Visit www.becomeanohionotary.com, attend class virtually and pass the test (if required.) ONS will provide you with a certificate for submission to the Secretary of State. Step 3 Visit the Ohio Secretary of State's website and select File Online to submit your application. Step 4 Return to www.becomeanohionotary.com to purchase your notary supplies. Free standard shipping on all notary bundles! (Use the code “FREE”) 18
19summer 2022 | DAYTON Bar Briefs Law Related Organizations 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: Your Gift Will Help STRENGTHEN Our Foundation. • 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 Contact Jennifer Otchy, DBF & DBA CEO for information about the Foundation. jotchy@daybar.org | direct (937) 222-1364 | office (937) 222-7902 All gifts are eligible for charitable deductions on your federal income tax return if you itemize deductions. Dayton Bar Foundation I am pleased to support the Dayton Bar Foundation with a gift of: $50 $100 $250 $500 Other $ Check Enclosed : Check # Charge my: VISA MASTERCARD DISCOVER AMERICAN EXPRESS Expiration: / Security Code (3 or 4 digit) Signature: (AS SHOWN ON CREDIT CARD) Name: _____________________________________________________________(ASYOUWISHITTOAPPEARONOURRECORDS) Firm: Email:Phone:Address:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ My gift is: in memory of in honor of Please notify: ___________________________________________________________________________________________________________________________________________________________________ Address: __________________________________________________________________________________________________________________________________________________________________________ = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = = DETACH AND RE TURN = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Dayton Bar Foundation, 109 N. Main St., Ste. 600, Dayton OH 45402-1129 Contributions may also be submitted online: daybar.org/?pg=Foundation Make a donation now and help us make a difference through our programs. Gifts may also be made in honor or in memory of family, friends or colleagues.
University of Dayton School of Law
The University of Dayton School of Law and Dayton law firms
Dobbins, a Hanover College graduate from Cincinnati, will be the Taft legal scholar. She is a student recruiting coordinator for the law firm of Frost Brown Todd. "It's really great to be part of the legal com munity and to get to know some people at Taft before even stepping foot in law school," Dob bins said. "It's just been really great to meet mentors and have people giving me advice." She also has worked as operations manager for Heartfelt Tidbits, a nonprofit supporting
Gassett, a Howard University graduate from Cincinnati, will be the Thompson Hine Legal Scholar. Gassett, who works as a legisla tive aide to Ohio Rep. Willis Blackshear Jr., said it has been her dream to go to law school since high school.
By Shawn Robinson, University of Dayton News and Communications Photographed from left to right: Dean Andy Strauss, Jessica Gassett, Christine Haaker Esq., Lizzy Dobbins and Glen McMurry Esq.
First students chosen for Flyer Legal Pathways Program that provides full law school tuition, $15,000 yearly stipend, job after graduation
refugees and immigrants living in southwest Ohio; and as a legal intern at Cincinnati Children's Hospital Medical Center and the law firm of Gerhardstein and Branch.
Thomp son Hine and Taft have selected the first students for their Flyer Legal Pathways Program. The program is a new approach to improving diversity in the legal profession by recruiting future lawyers from underrepresent ed groups before they even enter law school.
DAYTON Bar Briefs | summer 202220 Law Related Organizations
“It’s been such a pleasure getting to know Lizzy. She is an incredibly talented, driven and inspiring young woman, and we are honored to welcome her as one of the first Flyer Legal Pathways scholars. She already has impressed us with her exceptional experience, legal background, and her heart for giving to the community. Taft is very excited to continue working with her, providing experience and mentorship as we help guide her into the legal profession,” said Jennifer Hann Harrison, Taft Dayton partner-in-charge.
"Rather than wait for diverse talent to apply to law school and then later to elite law firms, the Flyer Legal Pathways Program proactively seeks and recruits academically talented col lege seniors with the capacity to excel in the legal profession," said Andrew Strauss, UD School of Law dean.
Jessica Gassett and Lizzy Dobbins have earned full law school tuition, a $15,000 stipend for living expenses, mentors and sum mer clerkships, plus job opportunities at their sponsoring firm following graduation. They will start law school this fall.
“Jessica has all the qualities you hope for in an aspiring attorney — intelligence, enthusiasm, ambition, natural curiosity, drive and, probably most importantly, pas sion,” said Christine Haaker, Dayton office partner-in-charge for Thompson Hine. “Thompson Hine and Jessica have such an in credible opportunity with this program to forge long-term relationships, with mentorship and legal experiences starting well before her first class and continuing throughout her law school journey. Jessica already has been eagerly soaking in every moment.”
New Program Offers Students Free Law School Tuition and a Job After Graduation
Any firms interested in being a partner of the Flyer Legal Pathways Program can contact Katie Wright, visiting assistant professor of
"This is a fantastic opportunity to go to law school, and not only learn the law but be mentored by people advanced in their career," sheGassettsaid. also has worked for Sotheby's in New York City; and has been a legal intern for MTV, Duke Energy and the Ohio Justice and Policy Center.
Once here, all law students participate in a cur riculum and support system geared toward passing the bar exam, plus programs that allow students to immerse themselves in specific areas of the law like the school's Program in Law and Technology and collaboratives with UD's Human Rights Center and Hanley Sustainability Institute.
21summer 2022 | DAYTON Bar Briefs Law Related Organizations lawyering skills, at wrightk7@udayton.edu.
To apply to the University of Dayton School of Law, visit https://udayton.edu/law/admissions/ apply.php. For more information on the program, email Katie Wright, visiting assistant professor of lawyering skills, at wrightk7@udayton.edu.
HERBERT M. EIKENBARY Trust
The University of Dayton School of Law is committed to admitting people from diverse backgrounds and experiences. The School of Law was named one of the best law schools for African Americans in the winter 2020 issue of National Jurist’s preLaw magazine. A third of the school's 2021 entering class were students from underrep resented and underserved populations. Students can participate in the Summer Diversity Clerkship Program, Minority Summer Externship Program, the Black Law Students Association, the Asian and Pacific Islander Law Student Association, and the Hispanic Law Student Association, to name a few.
late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers underthe 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 WHAT Is THE EIKENBARY TRusT? SAVE THE DATE: 2023 OHIO DISTRICT MOCK TRIAL JANUARY 27, 2023 OCLRE
The
The School of Law has been riding a recent wave of success, posting improvements in selectivity, median Law School Admission Test scores and GPAs of incoming students, and job placement.
The School of Law attracted more applicants and more academically accomplished students by of fering flexibility with additional options like an online hybrid J.D. program, 3+2 programs for faster completion of bachelor's and law degrees, and a Leadership Honors Program featuring full tuition scholarships, custom-designed leadership training, and mentoring by prominent judges and lawyers.
The shareholders of Coolidge Wall Co., L.P.A. are pleased to announce that Daniel J. Gentry has been elected as the firm’s new President and CEO. He succeeds J. Stephen Herbert who served in that role for more than 27 years. Gentry, a long-time member of the firm’s Executive Committee, practices in Coolidge’s Litigation Department and has been with the firm for almost 17 years. His practice focuses on business and employment litigation and dispute am honored to be elected and excited for this opportu nity to lead Coolidge Wall, Steve’s shoes are big ones to fill. He served as President longer than anyone since the firm’s inception in 1853. We all owe him our thanks for his skillful leadership and unwavering dedication. I look forward to picking up the torch and working with my fellow shareholders to tackle the challenges and opportunities that lie ahead.”
Coolidge Wall is also proud to announce that David R. Mc Neely has joined the firm as an associate in the firm’s Tax and Estate Planning and Corporate Departments. He focuses his practice on tax structuring and planning as well as mergers and acquisitions. David’s estate planning practice includes the preparation and administration of estates. Prior to joining Coolidge, David worked for a national ac counting firm in the Washington, D.C. metro area practicing in state and local tax. He assisted clients with multi-state compliance matters, including managing local tax audits and drafting successful state private letter rulings.
DAYTON Bar Briefs | summer 202222 DISPLAY AD INDEX: Daily Court Reporter.........................23 eikenbary trust....................................21 Ferneding Insurance..........................10 LCNB R.L.OBLIC.........................................backNFP/RogersBank....................................................15McNay...............................21coverEmmons&Associates................15 Members on the Move Guidelines: If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received an award, or have other news to share, we’d like to hear from you! • News of CLE presentations & political announcements not accepted • Printed at no cost • Must be submitted via email and are subject to editing • Printed as space is available Contact Shayla to submit your announcement or ad: seggleton@daybar.org | 937.222.7902 DBA Members on the Move
resolution. “I
Faruki PLL is pleased to welcome its new Executive Director, Joan Germann. Joan has extensive experience in operations and per sonnel management, and she will lead the firm's non-attorney support staff while overseeing technology, HR, finance, marketing, operations, and facilities functions for the firm."I believe that I have found a home here at Faruki PLL," Joan said. "Attorneys and staff have been so warm and welcoming. Faruki PLL is an outstanding firm with a storied history and an impressive record of success. I look forward to working with the team to help continue to build upon the firm's long history of success. I’m ready to start my next chapter."
2022 Dayton Legal Directory Address Correction: Callum Morris Esq. U.S. District Court, Southern District of Ohio Walter H. Rice Federal Building and U.S.Courthouse 200 W. Second St. Dayton, OH 45402-1474 (937) 512-1601| callum_morris@ohsd.uscourts.gov
23summer 2022 | DAYTON Bar Briefs DBA Classified Ads EXPERIENCED CIVIL/BUSINESS LITIGATION ATTORNEY NEEDED. Green & Green, Lawyers, an AV-rated regional firm with offices in Dayton's premier Performance Place, is accepting applications from well-credentialed attorneys with two to five years' experience in civil litigation and business law. Applicants with expertise in torts, municipal liability, employment, construction, business transactions, and commercial law preferred. Strong academic credentials, research and analytical ability, and excellent oral and written communication skills required. We offer a supportive work environment, competitive compensation, parking, and participation in health, retirement, and disability plans. Please forward c.v., writing samples, references, and compensation expectations to GREEN & GREEN, Lawyers, 109 N. Main St., Suite 800, Dayton, OH 45402. GREAT OPPORTUNITY TO BUILD YOUR OWN PRACTICE! Seasoned practitioner seeks one or two lawyers to share complete downtown Dayton office suite. Konrad Kuczak (937) 228 8363 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 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 NEED A MEDIATOR? John M. Meagher, Judge (Retired) 27 years as a Mediator 2200+ mediations My fees are adjustable. (937) 297 604-4840 | Jmeagher2@gmail.com • Bar Brief Classified Advertisements are accepted Sept/Oct through July/Aug. • The DBA Editorial Board reserves the right to refuse any ad.DBA Classified Ads: 2022 Dayton Legal Directory Name Correction: Steve N. Siegel Esq. The Siegel Law Firm LLC 101 Southmoor Cir NW Dayton, OH 45429 (937) 259-8129 | steve.siegel@siegel4law.com 2022 Dayton Legal Directory Photo Correction: Jeffrey J. Wren Esq. Craig T. Matthews & Associates, LPA 320 Regency Ridge Dr. Centerville, OH 45459-4251 (937) 434-9393 | jwren@ctmlaw.com Save the Date! November 4, 2022 30th Annual Bench Bar Conference
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