November 2015 - Akron Bar Association

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November 2015 - Akron Bar Association
AKRON BAR ASSOCIATION
NOVEMBER 2015
EXAMINER
Honoring Our Legacy by Engaging Our Future
2015 Professionalism
Award Winner
Kay Belfance
EXAMINER • NOVEMBER 2015
1
Join The Akron Bar Association
In Welcoming The Newest Members
Of Our Community At The
New Admittee Celebration
Thursday, November 19th
4:30 - 6:30 PM
RSVP At www.akronbar.org/events/ Or Call (330) 436-0106
2
EXAMINER • NOVEMBER 2015
FROM THE PRESIDENT
New task forces developed to move
the Association forward
T
he Bar Association has always provided a
place for new lawyers to obtain the necessary
guidance by way of role models with respect to
the practice of law here in our community by
what we refer to as the “Akron Lawyer.” In my
particular situation, I was fortunate early in my career to
be shown the kindness and patience of two outstanding
trial lawyers, my brother, Tim Scanlon, and his partner
Buck Gearinger. Incidentally, while they were busy with
their practices they were able to participate in Bar activities, and both became Presidents of the Bar Association
and are still active in the Past Presidents Group.
Not only did this inspire me and other lawyers in my
practice field, but also encouraged my commitment and
engagement with the Bar association. All of us can look
to our own practices to see where that has occurred,
and it provides us with a basis for giving back to the new
lawyers among us who are currently members of our
Association as well as perspective members.
To that end, I am proud to identify our mentor, Mark
Hilkert, who was also a partner with Tim and Buck at
Scanlon & Gearinger. Mark has volunteered to be the
mentor for the Barberton Incubator which the Bar has
established. His valuable insight and guidance are
welcomed by those participating in the program.
We currently have three very motivated lawyers: Angelina
Gingo, Jamison Johnson and Jennifer Schartiger. They are
installed at the Austin Professional Center located at 103
– 5th Street, Southeast in Barberton. Please consider
stopping in if you are in the area, as I am sure they would
EXAMINER • NOVEMBER 2015
welcome any contact. The committee consisting of Lisa
Miller, Sal Pluglisi, Mike Ciccolini, and Dean Carro, among
others, welcomed them in a meeting we had on September 11, 2015. Besides the pizza, I believe the suggestions
on how to develop a new practice were shared freely.
My belief is that these young lawyers are ably suited for
the task at hand and welcome the Bar Association’s
confidence in their abilities and support in their
enterprise.
As we have been discussing, the three task forces – Bar
Services, Bar Operations and Bar Trends – are actively
meeting and are on track to report to the Board of
Directors in this month. At that point, the Board will be
tasked with determining what, if any, measures should be
implemented in the time table. As long as it is consistent
with our past practices and our strategic long-range plan,
I am sure there will be innovative suggestions, and we
should all be open to the change that will lead to growth
for the future. This is an exciting time to be a member of
the Akron Bar Association, and I encourage you to
actively participate in our Section and Committee meetings as well as our Sidebar and other social events that
typify why the “Akron lawyer” is as uniquely suited to
provide not only community involvement but practice
support for our members.
Larry Scanlon
ABA President
1
CONTENTS
AKRON BAR ASSOCIATION
EXAMINER
To preserve the Rule of Law and to serve the profession and the
community
Lawrence J. Scanlon, President
C. Allen Nichols, Executive Director
Janet Griffing-LaBonne, Editor
Editor reserves the right to reject any advertising submitted for publication. While advertising copy is reviewed,
no endorsement of any product or service offered by any
advertisement is intended or implied by publication in the
Examiner.
Statements or expressions of opinion herein are those of the
author and not necessarily those of the Akron Bar Association, its officers, staff, or Board of Trustees.
Page 1 • President’s Letter
Page 3 • Meet Kay Belfance, 2015
Professional Award Winner
Page18 • Fall Event Photo Highlights
Page 20 • ABA Foundation News
Page 24 • Member News
Manuscript Submission
ABA members are encouraged to submit manuscripts to
the editor for possible publication in the Examiner. The editor reserves the right to reject or edit any article, editorial,
or manuscript submitted for publication. Articles submitted
should not exceed 1,000 words. Manuscripts are not purchased and those submitted become the property of the
Akron Bar Association.
Advertising
For advertising information, call or email to: Julie Forgach,
Development Director, 330-436-0103 or
[email protected]
Editorial Offices
The Examiner is published monthly. Editorials can be sent
to the Akron Bar Association, 57 S. Broadway Street, Akron,
Ohio, 44308, Phone: 330-253-5007
Website: www.akronbar.org.
The Akron Bar Association Examiner is published as a service
to members of the Bar Association through their dues. Nonmembers may subscribe annually for $30.
Request for reprint permission should be sent to the
Examiner editorial offices.
The deadline for publication is the first of the month preceding the month of publication. Deadline must be adhered to,
and we urge our members to submit copy by the deadline.
Anything received after the deadline cannot be guaranteed for publication.
HAVE YOU BOUGHT
YOUR TICKETS
FOR THE 2016
FOUNDATION GALA?
Don’t miss out on
a chance to win
a trip for two
to the Kentucky Derby!
Details on Page 22
2
EXAMINER • NOVEMBER 2015
MEET KAY BELFANCE
2015 PROFESSIONALISM AWARD
WINNER
By Janet Griffing-LaBonne
Marketing Director
A
ttorney Kay Belfance is many things - the first
female Bankruptcy Trustee to administer
bankruptcy cases in the Northern District of
Ohio, a caring and astute domestic relations
lawyer, a well-regarded colleague. But she is
also one heck of a mesmerizing storyteller:
“My father was an ‘illegal’ immigrant. He was a sailor on a
merchant vessel when it arrived in the US in the 1930s.
He made his way to where the Greeks had settled and
found work. He would send money home to my mother,
who was overseeing the building of their house on the
beautiful island of Chios.
“Soon, though, the first rumblings of the second World
War were heard, and my father realized that he needed
to get my mother and sister out of Greece. They sailed to
the US and came through Ellis Island like so many other
immigrants. I was born about nine months later!”
The family moved around Pennsylvania and New York,
eventually settling in Erie, Pa. Kay’s father was so proud
when he became a naturalized citizen and would often
talk about the greatness of the United States.
“One thing we always heard growing up, that my father
drummed into us, was that if you worked hard, there was
nothing you couldn’t accomplish in America. There was
nothing you couldn’t do,” recalls Kay.
“Do you remember the movie, ‘My Big Fat Greek Wedding’? That was so reminiscent of my extended family!
I recognized every character in that movie. Girls were
EXAMINER • NOVEMBER 2015
expected to marry and become homemakers. Education
for girls was seen as a waste. Lucky for us, our father believed that education was essential even if we were girls.
“He agreed to send my sister to the University of Iowa
at a time when it was unthinkable for a Greek girl to do
so. She went on to become professor emeritus at the
University of New Mexico.”
Kay, too, was sent to school, but her education was interrupted when her father died at the age of 55. She married and had three children, but always had the notion
to return to school. Some time later, she found herself
Continued on page 4
3
Continued from page 3
a divorced parent, working full time and attending the
University of Akron part time. She still carried within her
the words of her father - that you can do whatever you
want to do.
“It was the ‘60s, and there was a revolution taking place. I
decided that I wanted to go to law school. This was a time
when women lawyers were hidden in the firms, smart,
sharp women working behind the
scenes.”
Kay tells the story of how she gained
entrance to the University of Akron
School of Law.
“I never did well on the LSAT. I was
ready to give up, but some friends
said ‘You just have to go back up
there and tell them they have to find
a way to let you in!’ I went to talk
to Dr. John Finan who was dean of
admissions at that time. I explained
that I couldn’t just try a different school because I
couldn’t move my children somewhere else. I took
the LSAT three times, by which time Dr. Finan and I had
formed a relationship. I made him a deal: if he would let
me into law school, I would make him and the school
proud of me!
around the time that the laws were changing in bankruptcy, and she decided to learn whatever she could about
the subject. Six months out of school, she was invited to
participate in a panel discussion about the bankruptcy
changes. Dr. Finan was also a panelist. She leaned over
and whispered to him, “See, I told you!”
Twenty percent of Kay’s graduating class was female. So
many of the women
in their 30s were also
dealing with households and children.
None of them could
get jobs because of
the old prejudices
about women with
children. So Kay,
retired Judge Judy
Nicely, and Arlene
Huber opened their
own practices.
That’s Kay at the far right...
“Judy and I made the
decision to open a
practice on our own,” explains Kay. “We had one of the
premier downtown offices and were highly visible. Judy
had been very active in the community before law school
and was very sensitive to women’s issues. The Women’s
Network was formed right in our conference room.”
The Women’s Network was originally intended to help
displaced homemakers - those who suddenly found
themselves divorced, but without the skills or means to
care for themselves and their children. The Women’s Network of Northeast Ohio evolved from that original mission and continues today as a networking and empowerment organization that helps women to rise to leadership
positions in the corporate world and in the community.
“Finan was a bit of a character. He really thought outside
the box. He finally admitted me to the law school.”
“You have to look at this historically,” says Kay. “It was a
very different shift for male lawyers to suddenly hear the
click of high heels in the courtroom. They didn’t know
how to deal with it. Our law school colleagues, though,
were fine. We had walked on the same coals together in
the classroom.”
Kay did do Finan and the school proud. While at the law
school, she was among the first women to serve as an
associate editor on the Law Review. She graduated right
4
EXAMINER • NOVEMBER 2015
Kay tells of an courtroom experience that her partner,
Judge Judy Nicely, once had.
“Judy had a case in federal court, and the judge set the
trial date. Judy said that the date would not work for her
because her son was getting married. The judge replied,
‘You have to decide if you’re a wife, a mother, or an attorney.’ It was just a different time.”
nett and Winters were generous in providing them with
criminal appointments. John Schwemler was a “brilliant”
man who was generous with his time and advice.
“ It wasn’t just about women, but the synergy of men and
women working together that was just phenomenal,” Kay
adds.
“I love what I do and am thankful and challenged every
day.” says Kay. “I have opportunities to teach and to
problem solve. I am blessed to be part of this noble
profession. We are the keepers of the law, and it is a
tremendous responsibility. I feel blessed especially
when I think of our family’s humble beginnings.”
Those beginnings that arrived with a sailor father and
husband who had the courage to build a new life for his
family in the United States. A father who never let his
girls forget that, with hard work, you could do anything
you wanted in this great country.
A Belfance family portrait...
Kay proudly speaks of the changes that her friend Judge
Nicely made to the Domestic Relations Court and the
continuation of that vision by Judges Deszo and Quinn.
Kay is also proud of the contribution her own
daughter, Eve Belfance, made while serving as a judge on
the 9th District Court of Appeals bench.
Kay Belfance has three children. Daughter Eve Belfance
is a former judge in the 9th District Court of Appeals and
daughter Leslie is executive director of Westminster-Thurber
Community in Columbus. Kay’s son, Mark, is a partner at
Ernst & Young in Denver. Kay is also the grandmother of six
“incredible” grandchildren. She is a former trustee of the Akron Bar Association as well as a former member of the ABA’s
Grievance Committee. She has also served on the Children’s
Services Board
and the board
of the Battered
Women’s Shelter.
“It was important to get women in positions that could
make a difference,” explains Kay. “ Women have a different take on things, a different perspective.”
When asked to name those who provided a hand up
along the way during her 30-plus year career, Kay quickly
names several.
“Judge Harold White was very generous to appoint me as
a Bankruptcy Trustee in the late 1970s. He was from New
England and believed in independence and self-reliance.
He was just very helpful to me.”
Kay also mentions Dominic Musitano who offered help
when she and Judy first opened their office. Judges HartKay and her children Eve, Mark, and
Leslie...
EXAMINER • NOVEMBER 2015
5
WE CONGRATULATE
Kathryn A. Belfance
as she receives the Akron Bar Association
2015 Professionalism Award.
As our partner and our friend, you make us proud!
330.434.3000 • rlbllp.com
50 S. Main Street • 10th Floor • Akron, Oh 44308-1828
6
EXAMINER • NOVEMBER 2015
RESOLUTION OF THE
AKRON BAR ASSOCIATION BOARD OF TRUSTEES
HONORING THE CAREER OF KATHRYN A. BELFANCE
WHEREAS, Kathryn A. Belfance graduated from The University of Akron with a Bachelor of Arts in English and then attended The University of Akron School of Law where
she was conferred the degree of Juris Doctor; and
WHEREAS, Kay was duly licensed and admitted to the practice of law in the State of
Ohio in November, 1977 and established her own practice. In 1978, she was appointed the first female Bankruptcy Trustee to administer bankruptcy cases in the Northern District of Ohio, a position in which she continues to serve; and
WHEREAS, From 1977-2008 Kay managed her own practice until she merged with the
law firm of Roderick Linton Belfance LLP where she continues to focus her practice in
the areas of bankruptcy & creditor’s rights, domestic relations, and mediation; and
WHEREAS, Kay has been a member in good standing of the Akron Bar Association
since 1977, has been dedicated to the Akron Bar Association by serving on numerous
committees and sections for over thirty-eight years, and served on the Board of Trustees from 2009-2012. Kay has also supported the Akron Bar Foundation as a Fellow
since 1990 and served on the Foundation Board of Governors from 1993-1998, including serving as Secretary from 1996-1997; and
WHEREAS, Kay has shared her knowledge with the legal community for many years
by lecturing locally as well as nationally on a variety of domestic relations issues and
bankruptcy matters; and
WHEREAS, Kay has resolutely stood as a beacon for all lawyers through her living
example of integrity, ethics and civility.
NOW THEREFORE, be it resolved that upon the occasion of her receiving the Akron
Bar Association Professionalism Award, the Akron Bar Association hereby adopts this
official resolution in recognition of all the many and significant contributions made
by Kay to the Akron Bar Association and to the community. Be it further resolved
that Kathryn A. Belfance be awarded this resolution with hearty best wishes from
the Akron Bar Association and its Board of Trustees.
Presented this 4th day of November, 2015.
EXAMINER • NOVEMBER 2015
Lawrence J. Scanlon, President
7
RODERICK LINTON BELFANCE LLP
Congratulates Kathryn A. Belfance
Knowing Kay Belfance as an attorney is a privilege. Knowing Kay Belfance as a person is an
honor. Knowing Kay Belfance is a revelation. She
brought far more than her name to our firm when
she joined us in 2008. She showed how service
and leadership can make all the difference and
helped us rise to a new and better level than
we ever thought possible. Not easy in a firm that
started in 1885 and is still made up mostly of guys. I
won’t say stubborn guys.
Kay brings experience, compassion, and integrity
to each client she represents and to our profession, truly acting as a counselor at law. From her
mentoring young lawyers and being an advocate
for women attorneys beginning in her own early
years of practice, Kay gives back to her profession
and community with wisdom, understanding and
compassion.
Kay has a way of making everything seem effortless. Even when the pressure is on, and with her
practice it usually is, she projects calm and has a
smile on her face. What we, who work with her,
know though –it’s probably the most astonishing
thing about her at her young age – is that she still
puts in an enormous amount of focused work. Like
all the best professionals, she gets results without
seeming to strain doing it.
This earned and well-deserved award is her honor,
not ours, but it really reinforces for all of us in the
firm how fortunate we are that she joined her practice and leadership to us. Thank you Kay from all of
us at RLB!
Timothy J. Truby
Roderick Linton Belfance, LLP
Brian T. Angeloni
Theodore Lesiak
Lawrence R. Back
Todd A. Mazzola
Daniel R. Bache
David S. Nichol
Robyn C. Bergman
Christopher L. Parker
William G. Chris
Brandon T. Pauley
Frederick S. Corns
Stephen J. Pruneski
James E. Davis
John K. Riemenschneider
Lisa Carey Dean
Rodd A. Sanders
Michael DeCarlo
Brenda S. Schwartz
Christopher C. Esker
Timothy J. Truby
Robert M. Gippin
Jason D. Wallace
Sarah Heid
Kurt R. Weitendorf
Steven J. Heimberger
Kristopher Immel
8
ABOUT THE
PROFESSIONALISM AWARD
The Professionalism Award was established by the Board
of Trustees of the Akron Bar Association in February
1996. The award was created to recognize an attorney’s
exceptional dedication to the standards of the profession
and to recognize one who has demonstrated integrity
and humanitarian concern within the community.
PAST RECIPIENTS
1996
JOHN A. SCHWEMLER
1997
S. SAMUEL NUKES
1998
BRADFORD M. GEARINGER
1999
JEROME L. HOLUB
2000
JOSEPH S. KODISH
EXAMINER • NOVEMBER 2015
2010
THOMAS R. PITTS
2001
FREDERICK S. CORNS
2006
AMIE L. BRUGGEMAN
2011
HOWARD J. WALTON
2002
ROBERT H. MCDOWALL
2007
JERRY F. WHITMER
2003
GEORGE B. VASKO
2012
RICHARD T. CUNNINGHAM
2008
GERALD J. GLINSEK
2013
GERALD R. LEIPPLY
2004
TIMOTHY F. SCANLON
2009
ORVILLE L. REED, III
2005
DENNIS J. BARTEK
2014
PETER T. CAHOON
Anyone who knows Attorney Kathryn A. Belfance will agree that she embodies the highest standard of
professionalism, loyalty, competence, intelligence, integrity, civility, and dignity in the practice of law. She
has earned the respect of her clients, judges and lawyers who have worked with her, as well as the numerous attorneys she has mentored over the years. It is with the most profound honor and respect that the
Professionalism Committee celebrates the recognition of Attorney Belfance as the 2015 Professionalism
Award Recipient.
Susan L. Durr, Chair, Akron Bar Association Professionalism Committee
EXAMINER • NOVEMBER 2015
9
CLE 2015
AKRON BAR ASSOCIATION
CONTINUING LEGAL EDUCATION
11th Annual Bernard I. Rosen
Domestic Relations Institute
THURSDAY, NOVEMBER 12, 2015
Todaro’s Party Center
1820 Akron-Peninsula Rd., Akron, OH
Registration: 8 am
Program: 8:30 – 4:15 pm
6 CLE Credits
(Includes 1 hour Professional Conduct)
Topics
Speakers
•
Lawrence J. Scanlon, Esq. President,
Akron Bar Association
Julie Toth, Judicial Attorney to Judge John P. Quinn,
Summit Co. Domestic Relations Court
Sandra L. McMullen, MA, PCC-S, NCC, We Care
Counseling, Inc.
Scott S. Rosenthal, Esq., SRT&D, LLC
Raymond T. Bules, Esq., Mills, Mills, Fieley & Lucas
Steve C. Baily, Esq., The Bailey Law Firm
Joyce E. Barrett, Esq., Joyce E. Barrett Law Offices
Mark R. Siwik, Esq., Founder, SandRun Risk
Kenneth R. Teleis, Court Administrator, Summit Co.
Domestic Relations Court
Honorable Carol. J. Dezso, Summit Co. Domestic
Relations Court
Honorable John P. Quinn, Summit Co. Domestic
Relations Court
•
•
10
•
•
•
•
Case Law Update
Distinquishing Between Parental Alienation
& the High Conflct Divorce
Multi-County Practice (Medina, Portage, Stark &
Cuyahoga Domestic Courts)
Double Dippping: The Status of Current Case
Law/Retirement Asset Division Pitfalls & Land
Mines
Stress Management for the Domestic Relations
Lawyer
Electronic Filing Becomes Mandatory
View from the Bench
THREE EASY WAYS TO REGISTER
BY PHONE: 330-436-0118
ONLINE: WWW.AKRONBAR.ORG
MAIL: AKRON BAR ASSOCIATION
57 S. BROADWAY ST.
AKRON, OH 44308
EXAMINER • NOVEMBER 2015
Akron Bar
Association’s
Day
at the
Theater
A Christmas Story
Join members of our legal community and their families as we
experience this record-breaking show in all its pink-bunny-suit,
glowing-leg-lamp, triple-dog-daring glory!
Date:
Time:
Saturday, December 5, 2015
Location:
Allen Theatre
1407 Euclid Avenue
Cleveland, Ohio 44115
2:30 PM EST
Ticket Price:
$46 per Ticket
A 20% SAVINGS
Contact Thomas Christos Petropoulos at (330) 436-0106 or [email protected] to RSVP
EXAMINER • NOVEMBER 2015
11
CLE 2015
AKRON BAR ASSOCIATION
CONTINUING LEGAL EDUCATION
Advanced Criminal Appellate Seminar
Friday , November 13, 2015
Registration: 8 am
Program: 8:30 – 11:45 am
3 CLE Credits
(Approved for Advanced Appellate Certification/OSBA)
This seminar satisfies the requirement for continuing
Criminal Appellate Appointments in Summit County.
ALL attorneys who are currently on the Appellate Appointment List, regardless of years of
practice, must ANNUALLY attend this seminar or another approved 3-hour Appellate seminar
sponsored by the Akron Bar Association. They MUST also take the Annual Criminal Law Update
ANNUALLY. Attorneys who are certified for Appellate Specialization by the Ohio State Bar
Association or another organization that is approved by the Ohio Supreme Court and who have
handled at least one criminal appeal to the 9th District within the previous three years will be
exempt from the Appellate CLE requirement but MUST take the Annual Criminal Law Update.
An Invitation to Chambers
Judges of the 9th District Court of Appeals:
Hon. Donna Carr
Hon. Jennifer Hensal
Hon. Carla Moore
Hon. Julie Schafer
Moderator: Magistrate C. Michael Walsh, 9th District Court of Appeals
Procedural Problems & Difficult Issues on Appeal
J. Dean Carro, Esq., Baker, Dublikar, Beck, Wiley & Matthews
THREE EASY WAYS TO REGISTER
BY PHONE: 330-436-0118
ONLINE: WWW.AKRONBAR.ORG
MAIL: AKRON BAR ASSOCIATION
57 S. BROADWAY ST.
AKRON, OH 44308
Jacquenette S. Corgan, Attorney at Law
12
EXAMINER • NOVEMBER 2015
CLE 2015
AKRON BAR ASSOCIATION CONTINUING LEGAL EDUCATION
THREE EASY WAYS
TO REGISTER
BY PHONE: 330-436-0118
ON LINE: WWW.AKRONBAR.ORG
MAIL: AKRON BAR ASSOCIATION
57 S. BROADWAY ST.
AKRON, OH 44308
SCHEDULE IS SUBJECT TO CHANGE
SEE OUR WEBSITE AT WWW.AKRONBAR.ORG FOR UPDATES
(NLT = Both CLE & New Lawyer Training credits are available)
DATE
TITLE OF SEMINAR
CLE HOURS
November 12
Bernard Rosen Domestic Relations Institute
6 Hours
November 13
Advanced Appellate Seminar
3 Hours
November 19
Federal Court Practice Seminar LIVE
December 1
NLT Core Hours Program
3 NLT Credits
December 1
NLT Basic Probate & Estate Planning
3 NLT Credits
December 2
NLT Setting Up Your Law Practice
December 2
NLT Basic DUI Video Replay
2 NLT Credits
December 3
NLT Basic Domestic Relations
3 NLT Credits
December 3
NLT Basic Mediation
3 NLT Credits
December 4
Professional Conduct Video Replay
December 4
Criminal Law Update Video Replay
December 8
Managing the Media: Lawyers & the Press
December 8
NLT Basics of Aviation & Space Law
3 NLT Credits
December 9
NLT Basic Personal Injury
3 NLT Credits
December 10
NLT Basic Criminal Litigation
3 NLT Credits
December 11
Basic Appellate Law Seminar
3 Hours
December 12
Advanced Criminal Appellate Video Replay
December 15
ABCs of a Jury Trial Video Replay
6 NLT Credits
December 16
Basic Immigration Law
3 NLT Credits
December 16
Nuts ‘n’ Bolts of Criminal Law Practice Video Replay
EXAMINER • NOVEMBER 2015
3.5 Hours
2.75 NLT Credits
3 Hours
3 Hours
3.5 Hours
3.5 Hours
3.5 Credits
13
CLE 2015
AKRON BAR ASSOCIATION
CONTINUING LEGAL EDUCATION
Federal Court Practice Mandatory Seminar
“Fundamentals of Practice in the Northern District of Ohio Federal Court”
Thursday, November 19, 2015
Registration: 8 am
Program: 8:30 – 12:15 am
3.5 CLE Credits
Speakers:
From the Northern District of Ohio Federal Court:
Geri M. Smith, Clerk of Courts
Stacy Peters, Supervisor
The Honorable Kathleen B. Burge, Magistrate Judge
Sharon Derivan, Esq., Law Clerk to the Honorable Sara Lioi
The Honorable Sara Lioi
Additional Speakers:
J. Dean Carro, Baker, Dublikar, Beck, Wiley & Mathews
Topics:
Electronic Filing, Case Assignment With the Northern District of Ohio, and
Alternative Dispute Resolution
The Role of the Magistrate Judge
Local Rules: Northern District of Ohio, Including Differentiated
Case Management
The Connection Between State Criminal Practice & the
Federal Court
The New Civil Rules
14
THREE EASY WAYS TO REGISTER
BY PHONE: 330-436-0118
ONLINE: WWW.AKRONBAR.ORG
MAIL: AKRON BAR ASSOCIATION
57 S. BROADWAY ST.
AKRON, OH 44308
EXAMINER • NOVEMBER 2015
CLE 2015
AKRON BAR ASSOCIATION
CONTINUING LEGAL EDUCATION
TWELVE ONLINE...
The Akron Bar Association offers premier training programs on-line. Sign up at www.akronbar.org to register for one of
our latest programs. We are adding more one-hour programs to accommodate your busy schedule.
Programs are available 7 days a week, 24 hours a day. You can take them at home, on an airplane or at the beach.
These programs are offered in conjunction with the Ohio Metropolitan Bar Association Consortium (OMBAC). If you are
a member of the Akron Bar Association, you are a member of OMBAC which means you get the member discount.
Currently, the Akron Bar Association is offering these programs on-line:
ABCs of A Jury Trial Video Replay
6 CLE Credits
Advanced Criminal Appellate Law
3 CLE Credits
Annual 2014 Criminal Law Update
3 CLE Credits
Annual 2014 Professional Conduct Seminar
3 Professional Conduct Credits
Basic Adoption
3 CLE Credits
Basic Appellate Law Seminar
3 CLE Credits
Basic DUI
2 CLE Credits
Basic Probate & Basic Estate Planning
3 CLE Credits
Basics of Labor & Employment Law
3 CLE Credits
Best Practices in Depositions
1 CLE Credit
Best Practices – Client Communications
1 CLE Credit
Calculation of Child Support in High Income Cases
Civility: Professionalism in the Office, the Courtroom &
Cyberspace
1 CLE Credit
3 Professional Conduct Credits
Common Appellate Problems & How to Avoid Them
1 CLE Credit
Disclaimers and Some Applications
1 CLE Credit
Elder and Special Needs Law
1 CLE Credit
Evidence
3 CLE Credits
Fundamentals of Practice in the Northern District of Ohio
Federal Court – Akron 2012
(This program is required for admission to the Northern
District of Ohio Federal Court)
Human Trafficking
Insurance 101 & Professional Liability:
Risk Management
Litigation Holds
3.5 Hours – Admission ONLY
3.75 CLE Credits
1.5 CLE Credits
1 CLE Credit
Continued on page 14
EXAMINER • NOVEMBER 2015
15
Continued from page 13
Mediation vs. Litigation
1 CLE Credit
Mental Health vs. Guardianships
1 CLE Credit
Muni Courts in Ohio
1 CLE Credit
Nuts ‘n’ Bolts of Bankruptcy
Nuts ‘n’ Bolts of Criminal Law Practice Video Replay
3 CLE Credits
3.5 CLE Credits
Ohio Legacy Trusts
1 CLE Credit
Oil and Gas and Probate Issues
1 CLE Credit
Practice Pointers
1 CLE Credit
Probate Land Sales
1 CLE Credit
Recent Cases Decided Under the Ohio Trust Code
1 CLE Credit
Religious Accommodations in Employment
& Housing
1 CLE Credit
Setting Up Your Law Practice
2.75 CLE Credits
Stockbroker Malpractice
1 CLE Credit
Student Loan Forgiveness
1 CLE Credit
Summit County Clerk of Courts E-Filing
1 CLE Credit
Tax Tips & Traps for the Unwary in Divorce Matters
1 CLE Credit
Whistleblowers & the Federal False Claims Act
1 CLE Credit
COMING SOON...
2015 Annual Summit County Juvenile Court Update
Ohio Unemployment Law
Annual 2015 Professional Conduct Seminar
Nuts ‘n’ Bolts of Workers’ Compensation
Annual 2015 Criminal Law Update
5.75 CLE Credits
1 CLE Credit
3 CLE Credits
1 CLE Credit
3 CLE Credits
THE EXAMINER MAGAZINE GOES DIGITAL!
The Examiner magazine is making the move into the digital age. Beginning with this issue, the magazine will only be available online, although a limited
number of print copies will be on hand at the Akron Bar Association office.
The magazine will be produced as a pdf document that you can
download and read on your computer or personal device.
All issues published in 2015 are currently posted online at
www.akronbar.org. After logging in to your ABA account, you’ll
see a list of publications, including the Examiner. Just click to
choose which issue you’d like to read. Each issue is indexed for
easy reference.
16
EXAMINER • NOVEMBER 2015
See Your Name Up
In Lights!
(So we’re exaggerating a little...)
Here’s a chance to really make the most
of networking by sponsoring
an Akron Bar Association SIDEBAR social event.
For $500, you’ll get:
• Signage with your company name and logo
• A table for showcasing your marketing materials
• The opportunity to share a short presentation
For $1,000, you’ll get everything listed above PLUS a one-time ad in the Examiner
Interested? Contact Development Director Julie Forgach
330-436-0103
[email protected]
Interested in Advertising in the Examiner?
Want to get noticed? Advertise in the ABA Examiner!
The Examiner publishes 10 times per year and is emailed
to all members as well as being available online.
Pricing ranges from $75 per month for a five column-inch
classified ad, to $600 per month for the inside back or
front cover. Discounts are offered for multi-month contracts: 10% off a three-month contract; 15% for six months;
and 20% for 12 months. Multi-month ads do not need to
appear consecutively, so choose the months that best
suit your needs.
For more information regarding advertising in the
Examiner, contact Development Director Julie Forgach at
330-436-0103 or [email protected]
EXAMINER • NOVEMBER 2015
17
FALL EVENT HIGHLIGHTS
CONSTITUTION DAY
SEPTEMBER 17, 2015
SWEARING IN OF NEW US CITIZENS
AT AKRON-SUMMIT COUNTY PUBLIC LIBRARY
18
EXAMINER • NOVEMBER 2015
JAMMIN’ FOR JUSTICE
SEPTEMBER 24, 2015
Continued on page 23
EXAMINER • NOVEMBER 2015
19
ABA FOUNDATION
Give ‘til it... makes a DIFFERENCE!
Why should I give?
How Do I Give?
A gift to the Akron Bar Foundation supports the continuation of legal excellence and the many legal programs
and initiatives that make us a premier legal membership
institution and provider for our community.
Philanthropic support for the Akron Bar Foundation
includes contributions to the Annual Fund, Fellowship,
Corporate, and Foundation Support, in-kind donations,
dedicated volunteerism, and Special Event donations –
like the Foundation GALA.
Your Support Makes A Distinct Difference!
Philanthropy is a vital source of revenue. Your
generosity allows the Akron Bar Foundation to sustain
and enhance our tradition of excellence in assisting the
Greater Akron Legal Community. As the charitable arm
of the Akron Bar Association, the Foundation strives to
improve the quality of justice and improve the image of
lawyers through the support of law-related and public
service programs primarily directed to the Akron Metropolitan area.
We invite you to invest in the Akron Bar Foundation.
It is only with ongoing and generous support that we can
maintain our traditions of legal excellence.
•
Gifts to the Akron Bar Foundation are investments
that will reap extraordinary academic and societal
dividends.
•
You are helping to maintain the building and programs of the Akron Bar Association.
•
Corporations and foundations look to the total
percentage of member participation in giving
before choosing who they will support – 100%
participation is best.
•
Your gift is tax-deductible!
•
You will be recognized in the Akron Bar Association’s
Examiner and the Akron Bar Foundation’s Annual
Report.
20
Annual Support: Your outright gift of cash is the simplest method of giving, and when unrestricted, allows the
greatest flexibility to meet immediate priorities. Donations made to a specific program also make an invaluable
impact.
Become a Fellow: Fellows are the financial backbone of
the Foundation, and they share our vision with the community. Each year, distinguished persons are nominated
for fellowship, and invitations offering Fellow status within
the Foundation are issued.
Corporate and Foundation Support: Supporting the
Akron Bar Foundation can help your corporation or firm
stand out in a highly-competitive environment. Partnering
with us creates an opportunity to involve your employees
in a significant cause, raise funds through your business,
and invite your consumers/suppliers to have an impact
on their community.
There are many opportunities for corporate partners of
the Foundation to be recognized for generously advancing the legal community and those it touches. To discuss
opportunities to make a distinct difference in our community, please call the Development Office at
330-436-0103.
Endowments: Endowments provide permanent, annual
support of the Akron Bar Foundation and are a wonderful way to honor a particular family member, friend
or mentor, while establishing a permanent legacy and
inspiring others.
EXAMINER • NOVEMBER 2015
Tribute Gifts: By choosing to honor a friend, family
member, cherished mentor, or to even commemorate
a special milestone, you can make a meaningful and
lasting contribution to our Greater Akron legal community.
In-kind Support: In-kind donations are another great
way for corporations and firms to consider giving back.
Matching Gifts: Tell your employer about your gift. As
a private, 501(c)3 nonprofit organization, the Akron
Bar Foundation qualifies for employers’ matching gifts.
Contributions are tax-deductible to the fullest extent
allowable.
Planned Giving: However you and your professional
advisor structure your planned gift, you will leave a
legacy for future generations. Including the Akron Bar
Foundation in your estate planning can be as simple as
naming the Foundation as a beneficiary in your will, or
as sophisticated as establishing a charitable gift annuity which would provide you with an income stream for
life.
integral part of the Foundation’s family. Whether you
are interested in supporting our members directly
or supporting our staff “behind the scenes,” we may
have an important role for you. To learn more about
volunteering opportunities with the Akron Bar Foundation, please contact our Director of Development at
330-436-0103.
FOUNDATION GALA SPONSORSHIPS
There are plenty of opportunities for sponsoring the
Akron Bar Foundation’s annual GALA coming up in
January 2016. Note that we will be presenting Joel
Aberth with the Foundation Community Award. You
may wish to purchase a sponsorship in his honor!
Contact Development Director Julie Forgach at 330436-0103 or
[email protected] for details.
SAVE THE DATE!
To explore the tax-wise benefits of planned giving,
please call the Development Office at 330-436-0103.
Special Events: Sponsorship of and participation in
special events are great ways to support the Foundation mission. To learn more about the Foundation
GALA and other special events, visit our website at
www.akronbar.org.
United Way: You can designate your gift to us
through United Way! Just make us the designee on
your United Way form.
Volunteerism: We don’t just need your treasure. We
also need your time and talents. Volunteers are an
Akron Bar Foundation
Office of Development
57 S. Broadway
Akron, OH 44308
P: 330-436-0103
F: 330-253-2140
Give online at
www.akronbar.org
January 23, 2016
Buy your ticket between now & January 8, 2016
to be entered into a drawing to stay at the
Hilton FOR FREE on Gala night!
Continued on page 20
EXAMINER • NOVEMBER 2015
21
Continued from page 19
SNEAK PEEK AT THE 2016 AKRON BAR
FOUNDATION GALA’S PREMIER AUCTION ITEMS!
2016 Run for the Roses
Kentucky Derby for Two
Experience the greatest two minutes in sports at the exclusive
Kentucky Derby, under Churchill Downs’ historic Twin Spires. You’ll
have everything you need to fully enjoy the spectacular “Run for the
Roses,” a horse racing tradition since 1875. Get ready to take in the
entertaining Hat Parade, partake in a traditional Mint Julep beverage,
mingle with the celebrities of Millionaire’s Row, gather in the Infield to
exercise the first rites of spring, and participate in the long-standing
tradition of singing “My Old Kentucky Home.”
Your 2016 Kentucky Derby Lexington Horse Farm Tour Package (for
two) includes:
• Deluxe 4 days/3 nights hotel accommodations at the Five Star Marriott Griffin Gate Resort in Lexington, KY
• Local horse farm tour on Friday
• Two Premium 1st Floor Grandstand tickets to the Kentucky Derby on
Saturday
• Full American breakfast daily
• Four day rental car or $200 transfer allowance
• All taxes and service charges
• Expert travel and concierge services
22
EXAMINER • NOVEMBER 2015
Continued from page 19
FALL EVENT HIGHLIGHTS, continued
JAMMIN’ FOR JUSTICE
SEPTEMBER 24, 2015
PRO BONO OKTOBERFEST
OCTOBER 22, 2015
Lexi Markeson, Rich Freeman, and Jeananne Ayoub enjoyed brats and German
potato salad whipped up by Akron Bar Chef Larry Poulos, Esq. Oh, and there
was beer, because - Oktoberfest!
Continued on page 26
EXAMINER • NOVEMBER 2015
23
MEMBER NEWS
CARR ADDS NEW ASSOCIATE
The Carr Law Office, LLC is pleased
to announce that Eric K. Grinnell has
joined the firm as an associate.
Eric had worked for another leading
Cleveland insurance defense firm,
handling major insurance coverage
and insurance defense claims on
commercial auto and professional
liability policies. Before that, Eric
worked for several years at a different, small Cleveland firm where
he defended insureds and handled
various insurance coverage, business,
corporate, employment, and contract
matters for small to mid-sized businesses and other clients.
Eric received his law degree in 2012,
cum laude, from the ClevelandMarshall College of Law. He made
the Dean’s List multiple times, and
was the top student in “Law and the
American Political Economy” and “Negotiating and Drafting Sports Venue
Contracts.” Eric also served as Vice
President for the Entertainment and
Sports Law Association and worked
as a research/teaching assistant.
Prior to law school, Eric received
a Bachelor of Arts, cum laude, in
Political Science from the College of
Wooster. Eric graduated with Departmental Honors and earned Honors
for his Senior Independent Study.
Eric was also a four-year member
of the Fighting Scots varsity football
team and earned the North Coast
Athletic Conference’s Male-Scholar
Athlete Award.
24
Eric is excited to join the Carr Law
Office, LLC and to contribute to the
defense of the firm’s clients.
The Carr Law Office, LLC engages in
civil trial and appellate litigation on
behalf of insurance companies, businesses, and individuals. We sometimes accept referrals from other
lawyers who need the assistance of
a trial lawyer for their clients. We
protect clients from lawsuits before
suit, in the trial court, and on appeal.
We practice throughout Ohio.
We are ranked in the current U.S.
News & World Report - Best Lawyers
Best Law Firms issue and listed in
the A.M. Best Directory of Recommended Insurance Attorneys. Our
managing partner, Adam E. Carr,
is board-certified in civil trial advocacy by the National Board of Trial
Advocacy. The NBTA does not rate
law firms.
LEADERSHIP AKRON CHOOSES
ATTORNEY BRIAN MOORE FOR
LIEBERTH COMMUNITY VISION
AWARD
Leadership
Akron has
selected
Roetzel &
Andress
Partner,
Brian Moore,
as the 2015
recipient of
the organization’s Lieberth Community Vision
Award. The Award honors those who
have made significant contributions
to the Akron community. Mr. Moore
was honored at a breakfast banquet
on November 5.
JUDGE LINDA TEODOSIO
FEATURED IN DOCUMENTARY
Summit County Juvenile Court
Judge Linda Tucci Teodosio is featured in two segments of an hourlong documentary produced by
cable network Fusion that will air
in markets throughout the United
States that offer subscriptions to
the Florida-based network, which is
an affiliate of ABC News.
The documentary is entitled,
“Prison Kids: Juvenile Justice in
America” which examines the
frequency that youth in the nation
are incarcerated and if detention is
the most viable option for rehabilitation when other alternatives
could be utilized.
Judge Teodosio was interviewed by
Fusion over the summer. The film
crew also recorded the Crossroads
Program Treatment Team discussing the progress of some of the
youth in the program.
While the Fusion Network is not
offered by the local cable provider,
the documentary can be viewed by
visiting the Juvenile Court website
at www.co.summit.oh.net. Click
on “COURTS” and click on “Juvenile
Court” in the drop-down. Once
on the home page of the Juvenile
Court site, click on “General Information.” On the drop-down, click
on “Publications” and “Videos.” The
EXAMINER • NOVEMBER 2015
documentary is at the top of the
page.
“I think the documentary does a
good job of investigating a growing
issue in juvenile justice,” said Judge
Teodosio. “I was very pleased to
have the opportunity to advance
what we are doing in Summit
County to address this issue.”
PROBATE COURT TO SHOWCASE
SUMMIT METRO PARKS ART
Summit County Probate Court Judge
Elinore Marsh invites the public to
view a collection of “repurposed”
art created by Summit Metro Parks
Naturalist Danette Rushboldt, winner
of the 2015 Summit of Sustainability
Changemakers Award. The art will be
on display in the Probate courthouse
offices until the end of December.
“We are so
pleased to
share this
beautiful
multi-media
art collection
dedicated to
preserving
the environment through
the use of recycled products. Naturalist Danette Rushboldt is a talented
artist inspired by the wild beauty of
the animals and flowers in our own
Summit Metro Parks,” said Judge
Stormer.
In addition to her art, Ms. Rushboldt
recently created a functional greenhouse for the F.A. Seiberling Nature
Realm. The 2,000 plastic soda pop
bottles she used making the greenhouse were diverted from a local
landfill.
“I use post-consumer items, such as
Styrofoam, cardboard and plastic,
to create sustainable art,” said Ms.
Rushboldt, whose work is part of an
environmental movement that urges
people to “think about it before you
throw it away.”
The 9-piece collection is displayed
in two locations within the Summit
County Probate Court. You are invited to visit the Courthouse, located at
209 S. High Street Akron, on Monday
through Friday, from 8 am - 4 pm to
view the art display.
DAY KETTERER ATTORNEY
CHOSEN AS “LAWYER OF THE
YEAR”
Day Ketterer, a Crain’s Cleveland Top
30 law firm serving clients across
Ohio, is honored to announce that
Attorney James Blake has been
honored by the legal, peer-review
publication, The Best Lawyers in
America© 2016, as “Lawyer of the
Year” in Employment Law – Management. (Copyright 2015 by Woodward/White, Inc., of Aiken, S.C.).
Additionally, nine of the firm’s
lawyers have been selected for
inclusion in The Best Lawyers in
America 2016 in 10 practice areas.
Listed lawyers are selected through
an exhaustive peer-review process
whereby leading attorneys vote on
the legal abilities of other lawyers in
their practice area.
Day Ketterer attorneys selected to
the 2016 Best Lawyers in America
are:
Richard W. Arnold
James R. Blake
Merle (Trace) D. Evans, III
Jill C. McQueen
Daniel A. Minkler
John A. Murphy, Jr.
Robert E. Roland
John R. Werren
Kimberly K. Wyss
Brouse McDowell Attorneys
named to The Best Lawyers in
America© 2016
Brouse McDowell, a leading regional
business law firm, is pleased to
announce that 21 of its attorneys
were included in The Best Lawyers
in America© 2016 and Managing
Partner, Marc B. Merklin, was named
a Best Lawyers® 2016 “Lawyer of
the Year” in Akron, Ohio.
The Brouse McDowell attorneys
listed below were selected for inclusion in the 22nd Edition of The Best
Lawyers in America©:
Akron
Clair E. Dickinson
John C. Fairweather
Daniel K. Glessner
Richard H. Harris III
Jeffrey T. Heintz
David M. Hunter
Christopher M. Huryn
Marc B. Merklin
(2016 Lawyer of the Year, Akron)
Paul A. Rose
David E. Schweighoefer
Daniel L. Silfani
Irving B. Sugerman
Michael A. Sweeney
Christopher F. Swing
Best Lawyers® is the oldest and
most respected peer-review publication in the legal profession and is
considered the most reliable, unbiased source for legal referrals by
legal professionals, the media, and
the public.
Continued from page 23
FALL EVENT HIGHLIGHTS, continued
SENIOR LAWYERS FALL OUTING
OCTOBER 20, 2015
Our chefs, Steve Fallis, Larry Poulos, Terry Ufholz, Bev Rose, Mike Robinson
Steve Fallis preps the rolls
Head Chef Larry Poulos readies the steam trays
Terry Ufholz enjoying a chocolate chip cookie
26
EXAMINER • NOVEMBER 2015
Jim Davis makes a point at the lunch table
Bob McDowall enjoying the compan
at his table
George Wertz shares his thoughts
EXAMINER • NOVEMBER 2015
27
The United Way of Summit County and The Akron Bar Association present the
WENDELL L. WILLKIE AWARD LAW CHALLENGE
2014 Wendell L. Willkie Award Winner
Brouse McDowell
WIN ‘BRAGGING RIGHTS’
FOR A YEAR!
The Akron Bar Association is once again sponsoring
the Wendell L. Willkie Award Law Challenge, a friendly
competition between law firms to encourage increased
giving to the 2015 United Way of Summit County campaign.
The winning firm will be honored with a commemorative
plaque displayed at the Bar Association office, a personal
commemorative plaque for your office, and special
recognition at United Way’s Annual Meeting and in
publications of the Akron Bar Association and United Way.
To participate, your firm must:
• include members of the Akron Bar Association
• have minimum of 40% employee participation in your
firm’s campaign
The law firm with the highest average of all three of the
criteria below will win the award (2015 vs. 2014):
• percent of increase in the number of givers
• percent of increase in per capita giving
• percent of increase in total campaign dollars
First-time campaign firms are eligible for the Wendell L.
Willkie Award once a baseline year is established. Until then,
they are eligible for the First-Time Campaign Award. If your
firm would like to establish your first year United Way
campaign, there is still time to get one underway. Just mark
the appropriate section on the form below and a United Way
representative will contact you to help get you started.
Yes, we want to accept the challenge!
Firm Name: ______________________________________________________________________________________________
Contact Person: _________________________________________________________________________________________
Phone:__________________________________ Email Address:__________________________________________________
Does your firm currently have a United Way Workplace Campaign? Yes ____
No, please contact us to set one up ______
Return this form to United Way Law Challenge, 90 North Prospect Street, Akron, OH 44304-1273 by November 13, 2015 for
your firm to participate in the United Way Wendell L. Willkie Award Law Challenge. For more information, contact Shirley Smith at
330.643.5532 or [email protected]
Don’t forget that you can designate your United Way gift
to the Akron Bar Association/Akron Bar Foundation! Just make us the designee
on the United Way form.
28
EXAMINER • NOVEMBER 2015
EXAMINER • NOVEMBER 2015
29
Trusted Pet Insurance for Dogs and Cats
Exclusive 10% Discount
for Akron Bar Association members!
Did you know that every 6 seconds a pet owner is faced with a veterinary bill of more than $1,000? Pet insurance gives pet owners peace
of mind that their vet bills are covered.
Log on to www.akronbar.org and select Member Center: Discount
Providers in the green menu bar.
30
EXAMINER • NOVEMBER 2015