Publication - Cincinnati Bar Association

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CBA
Report
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1872, is an Ohio not-for-profit corporation, the
members of which are attorneys principally practicing
in Hamilton County, Ohio. Its mission is to promote
professional excellence, foster justice, serve our
members and educate the public.
Cincinnati Bar Association 2014-2015
Board of Trustees
John P. Tafaro, President
Eric K. Combs, President-Elect
Douglas R. Dennis, Vice President
Laura S. Raines, Secretary
Chad S. Levin, Treasurer
Jean Geoppinger McCoy, Immediate Past President
Erin Manahan Alkire
Stacy Christman Blomeke
Edward J. Boll III
Kent A. Britt
Hon. Ethna M. Cooper
Alison A. De Villiers
Jodie Drees Ganote
William R. Graf
Joseph D. Heyd
Daniel N. Moore
Kelly Mulloy Myers
Amy Pennekamp
Ralph P. Ginnochio
Christopher A. Wagner
Neal J. Weill
John J. Williams
John M. Williams
John B. Pinney, ABA Delegate
John C. Norwine, ex officio
Correspondence regarding this
publication should be sent to:
Editor, CBA Report
225 East Sixth Street, 2nd Floor
Cincinnati, OH 45202-3209
(513) 381-8213 • FAX (513) 381-0528
e-mail: [email protected]
Requests for advertising
information should be sent to:
Erin Emerson, Marketing Director
e-mail: [email protected]
The CBA Report (USPS Permit No. 5415) is published monthly by the
Cincinnati Bar Association, 225 East Sixth Street, 2nd Floor, Cincinnati,
Ohio 45202-3209, (513) 381-8213. CBA membership includes a sub
scription. Non-member subscriptions are $30 per year. Third-class
postage paid at Cincinnati, Ohio. Postmaster: Send address changes
to CBA Report, c/o The Cincinnati Bar Association, 225 East Sixth Street,
2nd Floor, Cincinnati, Ohio 45202-3209.
©Copyright 2014 by The Cincinnati Bar Association. All rights reserved.
Reproduction in whole or in part without permission is prohibited.
The CBA Report is published as part of the CBA’s commitment to provide
membership with information relating to issues and concerns of the local
legal community.
Opinions and positions expressed in the signed material are
those of the author and may not necessarily reflect those of
the CBA.
www.CincyBar.org table of contents
CBA
Report
What’s inside…
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Also inside
T
he Cincinnati Bar Association, founded in
President’s Brief
Heidi Jark
By John P. Tafaro, President, Cincinnati Bar Association
Cover Article
Alternative Fee Arrangements
By Matthew Curran
On Second Thought
One Up, One Down
By Bea V. Larsen
Feature Article
Decision Time: Will Acme Offer Health Coverage to More
Employees in 2015
By Kimberly Wilcoxon
Feature Article
Trade Secrets: A Primer for the General Practitioner
By John Bennett and Scott Stanley
Feature Article
2014 John L. Muething Lifetime Achievement in Law Award
Winner: James R. Adams
By Laura M. Gaffin
Feature Article
Working Without a Net: Walking the Tightrope When
Counseling Clients on Nonlegal Matters
By John H. Phillips
Balanced Living
Catching Up with the Health and Well Being Committee
By Dimity V. Orlet
34 CBA Staff Directory
20 Cincinnati Bar Foundation
39 Classified Ads
27 Committee Corner
30 Continuing Legal Eduction
23 Ethics Hotline
35 Legal Community News
36Member/Firm News
34 Member Services
23Young Lawyers Section
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October 2014 CBA REPORT 3
President’s Brief
Heidi Jark
By John P. Tafaro
W
e all know Cincinnati is a wonderful place to live,
grow up and raise a family. We have many outstanding parks, museums, and artistic and cultural
institutions — some world renown. And we devote countless
hours and dollars to helping those in need. A major reason we
are so fortunate is because of the generosity of others — the early,
successful entrepreneurs of our city, who provided the start-up
funding for these treasures. Today, many add to this legacy, the
well-heeled and regular types alike, by giving us new assets and
opportunities, or supporting those already established. Our
quality of life today is surely enhanced by the philanthropy of
yesterday. And the continuation of this proud tradition is dependent upon the donors of today, and tomorrow.
A small but highly visible community of donors, trustees, attorneys, arts and educational institutions and their professional
administrators comprise Cincinnati’s tightly-knit philanthropic
community. One of the best known and most influential of the
group is CBA member Heidi Jark, managing director of the foundation office at Fifth Third Bank.
A self-described “farm girl,” originally from northeast South
Dakota, Heidi attended rural public schools, one of 23 in her
high school graduating class. From there, she moved to faithbased Valparaiso University in northwest Indiana, where she
attended college and then law school — the recipient of several
scholarships granted by the Lutheran Church and other Lutheran organizations — something she has never forgotten. Upon
graduation, Heidi stayed in the area, and practiced law there for
six years, as a litigator and in an appellate practice. But Valpo
lured her back, and she entered the development field when she
accepted the position of director of planned giving at the college
of approximately 3,000 students, assisting donors in estate and
charitable gift planning. She later served as president of Valparaiso University Alumni Association.
Then, in 1999, Heidi arrived in Cincinnati to accept a position as planned giving manager at Fifth Third. Rising rapidly
through the ranks, she is now responsible for a staff of five and
regularly travels, up to eight days per month, across the Fifth
Third footprint, including places like New York City, Chicago,
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and throughout Florida and Michigan.
For the Fifth Third Foundation, Heidi supervises all grantmaking activity. In addition, the bank serves as legacy trustee for
more than 70 other foundations, some with a corpus of a million
dollars or two, but collectively representing hundreds of millions
of dollars earmarked for charitable and philanthropic purposes.
The compliance component alone of managing those funds is
daunting. “I would not be able to be successful in what I do without the critical thinking and troubleshooting skills I acquired as
part of my legal background,” she told me. She also works with
many of the bank’s trust officers, helping them with their private
clients and their involvement with private foundations.
To say Heidi is busy in an understatement. She is active in
the Partnership for Philanthropic Planning, an Indianapolisbased, national organization, 10,000 strong, whose members are
committed to making charitable giving more effective and meaningful, and served as its board chair in 2010. Locally, Heidi has
been the treasurer of the YWCA and served on numerous other
non-profit boards. She is also half of one of Cincinnati’s most visible power couples. Her husband, Steve Kenat, is a principal and
director of the Community Development Market for the global
architectural firm GBBN, who has made his mark on many highprofile downtown and OTR projects. Their daughter, Catarina,
is a second grader at North Avondale Montessori. All three are
most proud of Catarina’s Guatemalen heritage. Logically, then,
Heidi has recently joined the board of Cooperative for Education,
an organization that promotes access to education, books, and
computers in Guatemala.
Between professional and family responsibilities, life can be
crazy for Heidi. She not only knows, but appreciates having an
important and meaningful job, impacting our community in
many ways, and for years and generations to come. “As lawyers
working in the field of philanthropy, we work in a totally different manner. We are a tightly-knit group, working together for the
greater good.” Thank you, Heidi, for your part in making Cincinnati such a special place.
Tafaro is the 2014-2015 president of the Cincinnati Bar Association.
4 October 2014 CBA REPORT www.CincyBar.org
Cover Article
Do They Exist, What do they Look like, and Do they work?
By Matthew Curran
I
n August 2007, the American Bar Association published
a cover story in its monthly magazine called “The Billable
Hour Must Die” by noted attorney and author Scott Turow.
The premise of Turow’s article was that the billable hour rewards
inefficiency as opposed to success, which inevitably leads to
distrust from clients. The article suggests that, in a worst-case
scenario, the billable hour actually puts the client’s interests at
odds with the firm’s interests and therefore creates a conflict.
Hence, in his view, the billable
hour needed to be replaced.
The article generated considerable discussion and commentary
within the legal community at
the time. But seven years later,
the billable hour is obviously not
dead. In fact, it remains the most common form of billing for
many of us.
Nevertheless, alternatives to the billable hour — commonly known as alternative fee arrangements or AFAs — are
emerging and gaining prominence. More and more clients are
demanding that AFAs be utilized. Some law firms are shifting
their billing practices exclusively to AFAs and away from the
billable hour mode, which is a trend expected to increase. So
while the billable hour is not yet dead, AFAs are becoming more
common. Attorneys who are not open to implementing billing
arrangements other than traditional hourly billing might be at a
competitive disadvantage going forward.
While there are many versions of AFAs out there, a handful
of arrangements are beginning to crystalize as the most common. The sidebar on the next page highlights the most standard
examples of alternative fee arrangements.
litigation. The specific mechanics of any arrangement can be effective as long as they support the key component of any healthy
attorney-client relationship, which is that for alternative fee
arrangements to be successful, the structure has to be perceived
as fair to both sides. It must work for the outside attorney and
the client.
If an AFA has the look or feel of something that is only
intended to squeeze the outside firm, it will not be a viable alternative to traditional hourly billing.
“If an alternative fee arrangement is set up in such a way that
outside counsel feel they are not being fairly compensated, they are not
going to want to take on the next
matter where we need them,” says
Amy Scholl, Assistant General Counsel, Litigation, at Luxottica
in Mason, Ohio. “What we’ve found is that both the company
and outside counsel need to see a benefit to using an AFA for the
engagement — and the relationship — to be successful.”
For alternative fee arrangements to
be successful, the structure has to
be perceived as fair to both sides.
The Key Component
Creative firms and their clients can develop innovative new
AFA models, or create hybrids by combining concepts from two
or more of the basic AFAs. For example, a firm could adopt a
blended rate and a cap, but insist on a success bonus for effective early resolution (either settlement or dispositive motion)
that ultimately saves the client money as opposed to protracted
www.CincyBar.org Why Clients Like Alternative
Fee Arrangements
While there is a perception among some firms skeptical of
AFAs that their sole purpose is to drive down legal fees, that
perception may not be accurate. Clients do not prefer AFAs just
because they may help reduce total legal expenses. The benefit of
certainty is equally important.
“For our clients, while controlling overall cost is a factor,
what we see is that cost-predictability is an even more attractive
aspect of AFAs,” says Nicole Auerbach, founding member of Valorem Law Group, a national firm based in Chicago, Illinois that
bills using AFAs exclusively (www.valoremlaw.com). “In-house
counsel need to know that a matter will stay within a budgeted
amount, and AFAs help achieve that goal.”
Katherine Ruwe, Senior Counsel-Global Litigation and
Dispute Resolution for the Procter & Gamble Company, agrees.
“AFAs allow me to know at the start of a matter how much will
be spent, so the business can budget accordingly.” In addition, AFAs can be much easier to administer than
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Cover Article
traditional hourly bills.
“In many instances, AFAs streamline
and simplify the entire billing process,”
says Ruwe. “With an arrangement like
a flat fee agreement, there is no need to
scrutinize a legal bill every month line by
line. I spend less time on housekeeping,
which allows me to focus on the substantive work I need to do.” Why Outside Counsel Like
For outside counsel — from solo
practitioners to big firm lawyers — there
are advantages when an alternative fee
arrangement is successfully implemented.
Just as clients like AFAs because
of the cost-certainty, that same certainty can be advantageous for outside
counsel as well, for both financial and
resource-allocation planning. By having a commitment from the client for a
certain budgeted amount, future revenue
becomes more predictable, as opposed to
the uncertainty of open-ended engagements. When revenue is more certain,
firms are able to avoid the painful
exercise of writing down time or cutting
a bill that has already been issued, which
eliminates a corresponding hit to financial numbers.
Additionally, AFAs can lead to better
alignment with clients. The clear focus
of a legal engagement is on obtaining
the best result, without the distraction
of whether a matter was staffed accurately from a budget standpoint. For
example, in a blended rate arrangement,
a budget-conscious client does not have
an incentive to see if a first year associate spent “too much” time on a memo,
or whether it was a good use of time for
a senior partner to attend a case management conference. When a client has
peace of mind about a bill, that improves
the relationship.
Finally, just like clients, outside
lawyers often find that AFAs are more
efficient to administer and result in more
prompt payments.
“It is so much easier for me to send
out a one-page bill for a set amount,” said
Steve Wolterman, of Wolterman Law
LLC in Loveland, Ohio. “It makes the
process run much more smoothly and
quickly on my end, as opposed to trying
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Basic Alternative Fee Arrangement Structures
Fixed Fee or Flat Rate — A set price for a piece of work. It can also be a set charge
for an entire category of work.
Examples: Charging $500 to draft an EEOC charge response, regardless of actual
time spent on it. Or, handling all of a company’s subpoena responses for a flat rate of
$1500 per month.
Cap — Hourly billing that will not exceed a certain level.
Example: Firm agrees to a $10,000 cap on fees for a due diligence document review
project, meaning the client will not be charged more than $10,000 no matter how
many hours are actually spent. Total fees could come in under $10,000.
Collar — Firm and client agree on a budget and set a “collar” around that budgeted
amount. If the actual hourly fees incurred are within the collar, no adjustment is made.
If the actual hourly fees incurred are above or below the collar, firm and the client share
in the savings or additional expense.
Example: The budget for a piece of litigation is $100,000 with a 10 percent collar. That
means that if the actual incurred fees are between $90,000 and $110,000 no adjustment is made. If the fees are less than $90,000 or greater than $110,000, both parties
agree to share the difference evenly.
Blended Rates — Firm charges one rate for work, regardless of who performs it.
Example: For a matter with a senior partner (billing rate $300), a junior partner (billing rate $200) and an associate (billing rate $100), firm agrees that all work will be
billed at $175, no matter who performs it.
Hold Back/Success Bonus — Rates are reduced with an incentive for effective
early resolution.
Example: Firm reduces hourly rates by 25 percent through discovery and dispositive
briefing phases of a litigated case. If the case is won on summary judgment, the firm
gets the “missing” 25 percent of its fees back as a bonus. As an increased incentive,
the firm could negotiate for an additional 10 percent of fees as a bonus, so the total
compensation to the firm would be its full fees, plus 10 percent. If case proceeds to
trial, firm continues to bill at 75 percent of its usual rate.
* All fee contracts must comply with Ohio Prof. Cond. Rule 1.5
to review and edit a multi-page bill with
a dozen or more entries from multiple
timekeepers.”
“Moreover,” said Wolterman, “if a
bill is simple and for an agreed-upon
amount, it’s easier for a client to review
and therefore payment is facilitated.”
The Future of Alternative Fee
Arrangements
It is unclear exactly what the future
holds for legal billing arrangements. Even
if Turow’s 2007 ABA Magazine article
is wrong about the ethics of the billable
hour, traditional hourly billing is not
necessarily what the legal community
will see as the optimal way for lawyers
to charge for services in the future.
Many believe that AFAs show legitimate promise in terms of efficiency and
attorney-client alignment, with benefits
for both clients and outside counsel. At
the same time, it is becoming fairly clear
that AFAs will never take precedence
over traditionally hourly billing until
both clients and firms are comfortable
and confident using them. It is difficult
to envision a future without any billable
hours at all. However, it is becoming
equally difficult to envision a future
where “alternative” billing arrangements
are not seen as, in fact, mainstream.
Curran practices business litigation at Manley Burke.
On Second Thought
One Up,
One Down
By Bea V. Larsen
A
s the mediation session ended, Elizabeth put her arms
around her husband and hugged him. He stiffened, but
did not pull away.
The marriage of this handsome older couple was ending at
the wife’s insistence. John, the husband, although restrained,
made no effort to hide his anger. During several sessions he
ardently questioned the morality of having to share assets with
a wife who chose to leave him, when he was without blame. And
indeed there had been no accusation of wrongdoing as such, no
infidelity, no hint of physical abuse.
Both parties are highly educated professionals, she a retired
college librarian, he a well compensated corporate executive,
their children long since grown. In my presence, they spoke
to each other respectfully. I was
told that over the years they
had worked with a counselor a
number of times, but they both
agreed, unsuccessfully.
For a moment, Elizabeth’s
affectionate behavior confused me, but I quickly recalled that
when I earlier met with her alone she had explained: I simply
have to get away, even though in some ways I still love him. He’s
been a good father and wonderful provider. But for 32 years,
I’ve been subjected to his scorn. When no one else is there, I’m
constantly belittled, even told that I’m stupid. Of course, he knows
I’m not, but he needs to feel superior. No more. I’d rather be
alone.
Had I not previously read about the work of the psychologist John Gottman, now an emeritus professor of psychology
at the University of Washington, I might have probed further.
Gottman and his associates are renowned for their work on
marital stability and divorce prediction. He and his colleagues
have actually developed mathematical models that allow them
to record, and then analyze, three minute video clips of recently
married couples talking about a serious matter. They then forecast which of the couples will split up at some point in the next
fifteen years. And with follow up studies they’ve proved their
ability to make this prognosis with 90% accuracy!
When I first read about this, it almost seemed like a parlor
trick.
But two hundred marital therapists and clinical psychology graduate students also viewed the three-minute clips, and
could do no better than guess right 54% of the time, just above
pure chance. This data has been published in numerous peerreviewed journals. (Citations available on Wikipedia)
Although originally a bit skeptical, I’ve come to believe this
is not pseudo-science. Gottman and his specially trained team
apply their equations to 20 separate emotional states witnessed
in the brief videotaped conversations.
The scientific work is complex and beyond my ken, and he
is not without a few academic detractors, but for me the conclusions ring true. Gottman says he can find out much of what
he needs to know by focusing on four predictors of marital
failure: defensiveness, stonewalling, criticism, and contempt. And
the one he considers most important is contempt, which he says is
qualitatively different, and far more
damaging, than the other three.
Contempt shows in words tinged with sarcasm, a glance that
conveys disgust, personal insults, hostile humor or mockery,
all delivered from a superior plane. It may be expressed in body
language, the rolling of eyes or the very tone of voice. (Contempt
is hardly limited to failing marriages. No doubt it is equally
destructive of relationships in the workplace.)
The expression of contempt is hierarchical, an assertion of
power over another. Standing alone, according to Gottman, this
is the greatest predictor of marital collapse.
Interestingly, women tend to be more critical, men more
likely to stonewall. But contempt is gender neutral, as many
women as men manifest that power stance.
These are the very behaviors described by Elizabeth who
ultimately decided to end her marriage after so many years of
what she now termed emotional abuse.
One up, one down. It drains away love.
When I first read about this, it
almost seemed like a parlor trick.
www.CincyBar.org Larsen is a senior mediator at the Center for Resolution of Disputes. She received the
2007 John P. Kiely Professionalism Award and the 2014 Themis Award from the CBA,
and also served as CBA president in 1986-87. Her weekly commentaries can be viewed
at www.bealarsen.com.
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Feature Article
Decision Time: Will Acme Offer Health
Coverage to More Employees in 2015?
Ed. Note: This information was submitted for publication on August 11, 2014.
It does not reflect guidance issued on or after this date.
F
ictional HR manager Amy is down to the wire. She and
Acme, Inc. must make a final decision about which
employees will be eligible for health coverage in 2015.
This decision is an important one because it could determine
whether Acme will have to pay an excise tax under the Affordable Care Act’s “pay or play” provisions.
Over the past few months, Amy has gathered data and
looked at the “pay or play” rules. Now she must synthesize all
of this information to calculate costs and risks and make a
recommendation to her management team. She approaches this
decision with a four-step analysis.
Step 1
In Amy’s first step, she determines which employees currently are not eligible for the plan.
To complete this step, Amy considers all categories of employees that may not be eligible for coverage, such as employees
regularly scheduled to work fewer than a certain number of
hours per week, interns, co-ops, and temporary employees.
Amy confirms that temporary employees and employees
regularly scheduled to work fewer than 32 hours per week are
currently not eligible for Acme’s health plan.
Step 2
In Amy’s second step, she determines how many ineligible
employees could be viewed as full-time under the Act.
To complete this step, Amy looks at her historical data to
determine the extent to which:
• Employees regularly scheduled to work fewer than 32 hours
per week have actually worked 30 or more hours per week;
• Short-service temporary employees have worked more than
three full calendar months;
• Short-service employees have returned to work and the
length of time between termination and rehire;
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By Kimberly Wilcoxon
• Any of the ineligible employees can be considered seasonal;
and
• Any of the temporary employees can be considered common law employees of the staffing agency.
Based on all of these factors, Amy determines that approximately 50 employees who are ineligible for the health plan likely
would be considered Acme’s full-time employees under the
Affordable Care Act.
Step 3
In Amy’s third step, she estimates the excise tax that could
apply if no changes are made to the plan.
To complete this step, Amy considers:
• Whether at least 70% of Acme’s full-time employees are
eligible for health coverage;
• That the penalty will not apply to any full-time employee
who is not employed on the first day of the fourth full
calendar month of employment (subject to the break-inservice rules);
• That the “B” penalty will not apply to any full-time employee who:
• Does not purchase a policy through a Health Insurance
Marketplace;
• Does not have household income of 100% to 400% of the
federal poverty level; or
• Is eligible for other minimum essential coverage (such as
Medicare or an employer-provided plan that is affordable and provides minimum value).
Amy determines that 450 of Acme’s 500 full-time employees
are eligible for health coverage. Assuming that these numbers
do not change significantly, Acme will not be subject to the “A”
Feature Article
penalty (generally equal to $2,000 per
full-time employee) because it will offer
health coverage to at least 70% of its fulltime employees in 2015.
However, Acme could be subject to
the “B” penalty (generally equal to $3,000
per full-time employee who is not offered
health coverage and who obtains a federal premium tax credit through a Health
Insurance Marketplace) for one or more
of the 50 full-time employees who are not
eligible for Acme’s
health plan.
Amy determines
that Acme will not
have to pay a “B”
penalty for all 50
of those employees.
Some of the ineligible
employees are short service temporary
employees who will not be employed for
more than 60 days and who will not be
rehired within 13 weeks of termination.
These employees will not subject Acme
to a penalty because they will not be employed on the first day of the fourth full
calendar month of employment.
Amy also considers that some of
these full-time employees may be eligible
for affordable, minimum value coverage through a spouse’s or parent’s plan
and therefore would not be eligible for a
federal premium tax credit. In addition,
some of these full-time employees are
young, healthy, and low-paid and may be
willing to pay the individual tax penalty
so they do not have to purchase health
insurance at all. Acme will not have to
pay a “B” penalty for any employees who
health plan eligibility criteria.
For 2015, the plan will continue
to exclude temporary employees and
employees who are regularly scheduled
to work fewer than 32 hours per week.
Acme will budget for the “B” penalty and
will be prepared to pay it if necessary.
But Wait, There’s More
Although eligibility for the health
plan will not depend on whether an
employee meets the Affordable Care Act’s definition
of “full-time employee,”
Amy will need to identify
Acme’s full-time employees
so Acme can provide them
with a report for the 2015
plan year. Next month’s
article will follow Amy as she identifies
the information she will need to track
in 2015 to comply with the reporting
requirements.
Now she must synthesize all of this information
to calculate costs and risks and make a
recommendation to her management team.
Thanks
do not sign up for a Marketplace insurance policy.
Step 4
In Amy’s fourth step, she compares
the amount of the potential excise tax
to the cost of offering health coverage to
the 50 ineligible employees and decides
to recommend that Acme not change its
Wilcoxon is a partner in Thompson Hine LLP’s
Employee Benefits and Executive Compensation
group and advises employers on the legal requirements
applicable to group health plans.
for being a Superhero for Lily
Lily was abused as a toddler. She was 11 when her adoptive
family gave up. Lily moved into a group home, troubled and
angry. But she is not forgotten. She has a CASA volunteer from
ProKids. Carol advocates for Lily’s best interests, speaks up for
her in Juvenile Court and makes sure she gets the counseling
and school services she needs. And since Lily discovered her
passion for art in high school, Carol helps Lily get art supplies
and even arranged for her to go to art camp.
Children like Lily need people like Carol. And people like
Carol need Superheroes like you.
ProKids thanks the YLS and the Cincinnati Bar Association for
sponsoring the 18th annual Superhero Run for Kids. Whether
a sponsor, a runner or a party-goer, you are a true Superhero
to ProKids and the abused and neglected children we serve.
Find out how ProKids speaks up for children and helps them stay safe
and move to permanent and nurturing homes at www.prokids.org.
www.CincyBar.org l
Feature Article
Trade Secrets
A Primer for the General Practitioner
By John Bennett and Scott Stanley
I
n our last column we briefly introduced various forms of
intellectual property (“IP”) and what each form of IP covers.
This month, we will dive a bit deeper into one of those forms
of IP: trade secrets.
What’s a trade secret? Very generally speaking, it’s valuable, secret business information. And just about any kind of
business information can be a trade secret, technical and nontechnical information alike. The benefit of having information
considered “trade secret” is that you have legal remedies—including injunctive relief—against those who use or disclose your
trade secrets without your permission.
Let’s unpack our general definition of “trade secret” and look
at the most common statutory definition, provided by the Uniform Trade Secrets Act (“UTSA”), which most states—including
Ohio, Kentucky and Indiana —have adopted:
“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or
process, that:
(i) derives independent economic value, actual or potential,
from not being generally known to, and not being readily
ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
Ohio Rev. Code § 1333.61(D).
From this definition, we see that a trade secret must not only
have value and be secret, but you must also take reasonable
steps to keep the information secret. We also see that a trade
secret does not include information that is “readily ascertainable
by proper means”—which would include, for example, reverse
engineering.
Hypothetically, then, even your grandmother’s “secret”
chocolate chip cookie recipe may be protectable as a trade secret
l
for her cookie business—assuming the recipe had value (e.g.,
the cookies didn’t taste terrible) and she took reasonable steps to
keep the recipe secret.
What other types of information can businesses protect with
trade secret law? Technical information may include proprietary
formulas and processes—perhaps for making a product—or the
devices, software, and designs used to make the product. Nontechnical information may include sales data, marketing plans,
and pricing information; in some cases, even customer lists may
be protected as trade secrets.
A Delicious Example
In 1940, Colonel Harland Sanders started selling his famous
fried chicken at the restaurant we know as KFC. His 11 herbs
and spices, and his “finger lickin’ good” original recipe using
these 11 herbs and spices, are some of the best kept secrets in
recent history.
Just as Colonel Sanders protected this information from his
competitors, KFC now continues to maintain this information
as a trade secret. The ingredients and recipe are not publicly
known, and they’re valuable—and likely one the primary
reasons KFC is today’s second largest restaurant chain in the
world. In fact, KFC reportedly puts extraordinary efforts into
maintaining the secrecy of the ingredients and recipe, including storing the Colonel’s handwritten recipe in a vault protected
by state-of-the art security mechanisms, handcuffing a lockbox
containing the recipe to a security guard when installing the
vault, and separating the ingredient suppliers and manufacturers so none of them has access to the complete ingredient list or
recipe.
Although KFC may be an extreme example of efforts taken
to maintain trade secret protection, actions are required to protect any trade secret information. To be sure, most trade secrets
don’t require and aren’t subjected to such extensive secrecy
efforts. Your grandmother’s local cookie shop, for example, may
use less stringent preventative measures for secrecy and still be
considered reasonable under the circumstances.
Feature Article
Reasonable Steps to Keep the
Information Secret
So, what types of preventative
measures are “reasonable efforts” under
the UTSA? Depending on the circumstances, the measures typically address
the security and confidentiality of the
information itself, employee access to
the information, visitor’s access to the
information, marketing disclosures, and
third-party access and use of the information.
Some example security measures
may include keeping the information
on a “need to know” basis, securing the
information with password protection,
keeping the information in a physically
secured area, logging access to documents or areas containing trade secret
information, requiring confidentiality
and non-disclosure agreements for anyone (e.g., employees, vendors, visitors)
who may have access to the information,
documenting trade secret policies with
all employees during their employment,
and reviewing marketing documents
for inadvertently including trade secret
information prior to publishing. These
measures may not make sense for all
companies or all trade secrets, but they
should be considered when analyzing
which efforts are “reasonable” under the
circumstances for protecting the information.
secret. The acquisition may be improper, for example, if it was acquired by
theft, espionage, or from someone who
breached a duty to keep the information
secret. Likewise, a third party’s use of
information acquired improperly would
itself be improper if the third party knew
the information was acquired by improper means when he used it.
In the event a company’s trade secrets
have been misappropriated, damages
are available, including injunctive relief,
seizure, compensatory damages, punitive
damages, and fees and costs. The UTSA
provides for injunctive relief for actual
or threatened misappropriation. In some
states, trade secret misappropriation or
theft can be a criminal act punishable by
imprisonment and fines.
Several defenses are available for
alleged misappropriation. The most common include independent development
of the information, that the information
was not secret (e.g., known publicly or
by competitors), that the information
was obtained properly (e.g., via reverse
engineering), and that the trade secret
owner failed to make reasonable efforts
to maintain the information’s secrecy.
Comparison with Patents
Both trade secret law and patents
can protect various aspects of the same
technology, but the ways they protect
information are polar opposites. For
example, the great Colonel chose to
protect his information by keeping it
secret even though he may have been
able to patent his process for making the
chicken. As we’ll learn in the next article,
however, patenting that process would
have required Colonel Sanders to explain
in detail in a public document exactly
how to implement his secret process.
Because patents expire after about 20
years, Colonel Sanders likely chose trade
secret law because it would protect his
processes and recipes for as long as KFC
could keep the information secret. So far,
trade secret law has helped his famous
recipe remain commercially successful
for many decades beyond the protection
that would have been afforded by the U.S.
patent system.
Which method should you choose to
protect your information? The answer
likely depends on whether the information is patentable, whether (and how
long) it can be protected by trade secret,
and certain business considerations.
We’ll be ready to tackle that analysis after
the next article—which will focus on
patents.
Bennett is the chair of the CBA’s IP Litigation
Committee and recently joined Ulmer & Berne
in January. Stanley is a patent attorney at Baker
Hostetler, where he helps clients obtain patent
protection and enforce patent assets.
Misappropriation of
Trade Secrets
Trade secrets are primarily governed
by state law, though the U.S. House of
Representatives recently introduced a
bill—The Trade Secrets Protection Act
(H.R. 5233)—that would create a federal
cause of action for trade secret theft. In
fact, every state has adopted the UTSA in
some manner except Massachusetts, New
York, and Texas.
Again, the UTSA requires owners of
trade secrets to take reasonable steps to
maintain the secrecy of the information.
In theory, trade secret protection can last
forever as long as the information is kept
secret. But what’s the good of having the
law recognize your information as trade
secret? You can sue for misappropriation
of your trade secret.
In general, misappropriation means
improper acquisition or use of a trade
www.CincyBar.org RAYMOND JAMES & ASSOCIATES, INC.
Walter B. Lunsford,
4755 Lake Forest Dr., Ste. 200, Cinti., OH 45242
AAMS, Sr. VP, Investments
(513) 786-7838
The Walt Lunsford Financial Advisory Group
Visit our website at: www.waltlunsfordgroup.com
l
2014 Senior Counselors’ Luncheon
2014 John L. M uething Lifetime
Achievement in Law Award Winner
James R. Adams
T
his year’s John L. Muething Lifetime Achievement in Law Award
winner, James R. Adams has spent
the more than 50 years of his professional
life with Frost Brown Todd (previously
Frost & Jacobs). One
might think after retiring
in 2010 he would take a
break from the organization, but instead he’s quite
literally written the book
on it. This likely comes as
no surprise to those who know him best,
as his nominators for this award tout his
dedication to Frost Brown Todd, the city
of Cincinnati and the legal profession as
a whole.
Raised on the South Side of Chicago,
Adams always had a natural inclination
to the law and particularly litigation. “I
By Laura Gaffin
how difficult factually or legally,” said
Adams. He went straight into law school
at Northwestern University after finishing his Bachelor’s at Denison University
in 1960.
Upon his graduation from
Northwestern in 1963, Adams
was looking to start practicing
somewhere where he could get
involved with complex legal
problems, in a collegial atmosphere. That’s how in August
of that year, he ended up in Cincinnati
at Frost & Jacobs. “I was very lucky and
blessed to be able to come to Cincinnati
for my legal career,” said Adams.
From the very beginning of his
career, Adams undertook the routine
of learning how to try a lawsuit and the
importance of immersing one’s self in the
facts and law of the case. Ultimately, he
was able to position himself as an expert
in complex class action litigation. Over
the course of his career, Adams served
as lead trial counsel in many jury and
bench trials and appellate proceedings.
Some of the notable highlights of his career included serving as co-trial counsel
for Joseph Cardinal Bernardin against
allegations of sexual abuse; defense of
Anthem in a class action brought by
physicians alleging price-fixing; defense
of Price Waterhouse in the Sutliffe nursing homes class action; and defense of
Arthur Andersen in all of the Home State
Litigation.
“I often feel as though I was able to
work in the golden age of class action
litigation. It seems rare that you will see
a complex class action case tried to a jury
as so many cases are settled today.”
I often feel as though I was able to work in
the golden age of class action litigation.
liked the idea of developing interesting
and perhaps unique arguments to present the claims of the party—no matter
The Adams File
Family — Wife, Judith Hauser Adams, three children
Wesley, Jennifer, and William, and five grandchildren
Samiah, Quentin, Olivia, Callum and Declan
First job — Janitor in a jewelry store
Favorite vacation — Southwest Harbor, Maine
Favorite music — Beethoven and 1950s west coast jazz
Favorite books — Duty: A Father, His Son, and the Man Who
Won the War and biographies and books of history
Role models — Jim Headley, Bob Klausmeyer,
Judge Gilbert Bettman
l
2014 Senior Counselors’ Luncheon
Adams attributes much of his success
in litigation to his ability to see both sides
of a case and essentially create a more
complete argument for his client by fully
understanding both perspectives. He also
stresses the importance of keeping your
case simple as possible.
“I’ve had the opportunity to present
some very complex subjects to a jury; in
those situations it’s essential to find a way
to educate the jury on the subject at hand
while boiling the facts and issues down
to their essence.”
While actively practicing with Frost
Brown Todd for 47 years, Adams has
also been prolific in his volunteer efforts.
He has served as trustee and officer for
organizations throughout the area, including: Kenton County Public Library,
Spring Grove Cemetery Foundation, Cincinnati Chamber Orchestra, Playhouse
in the Park, Ohio Parents for Drug Free
Youth, The Olympus Center, Leadership
Northern Kentucky, Miami Purchase
Association, Historic Southwest Ohio,
the national Episcopal Church, its Diocese of Lexington and Trinity Church
Covington. Presently, he is a volunteer
at The Christ Hospital and St. ElizabethFlorence Hospital in their lock-down
psychiatric wards, counseling patients
on substance abuse issues as intertwined
with depression and anxiety.
You will often see Adams at the
Cincinnati Bar Association and other organizations statewide lecturing on issues
of professionalism, ethics and substance
abuse.
When asked why volunteer efforts
have been important to him throughout
his career, he seemed almost baffled by
the question. “It’s the right thing to do.
Lawyers inherently have several unique
talents to bring to nonprofit organizations. For young people, you often are
exposed to a variety of management situations you may not have yet seen.”
For younger attorneys, Adams has
this advice, “I think now more than
ever it’s important to have the ability
to reinvent yourself every five years or
so. Look for a safety net. It’s also very
important to make sure you’re living a
balanced life, making time for your family, service and clients. There is an ebb
and flow to the importance of everything
and one must recognize that sometimes
www.CincyBar.org these interests necessarily conflict and
become out-of-balance and adjustments
need to be made. That’s not as easy to do
as it sounds but it’s a skill one needs to
master.”
Adams officially retired from Frost
Brown Todd in December 2010, but he
can still be regularly found working in
his office, giving presentations at various
CLE programs and continuing his volunteer efforts throughout the community.
Adams and his wife, Judith, now spend
much of their time visiting their children
and grandchildren in New York City,
Chicago and Denver and vacationing in
Maine and Michigan.
Join the CBA in honoring Jim Adams
and other local attorneys, October 17 at
the Senior Counselors’ Luncheon. View
the entire list of honorees on the back
page.
Gaffin is the communications director at the
Cincinnati Bar Association.
Get found.
Be part of the Cincinnati Bar Association’s Cincinnati Lawyer Finder.
Cincinnati Lawyer Finder is
more than an online listing —
it’s a dynamic, engaging site for
prospective clients to easily
find an attorney. And because
Greater Cincinnatians already
have confidence in the CBA
as a resource for their legal
needs, you’ll be part of a bank of
attorneys which users know they
can respect and trust.
For more information, contact Maria Palermo,
(513) 699-1402, [email protected], or John
Norwine, (513) 699-1400, [email protected]
l
Feature Article
Working without a net
Walking the tightrope when counseling
clients on nonlegal matters.
By John H. Phillips
A
ttorneys provide nonlegal advice
to clients all the time, mostly
without incident. A client asks
for nonlegal advice, and the Pavlovian response is to assist immediately. However,
the ethical and practical ramifications of
providing nonlegal advice to a client are
rarely taught in law schools, and seldom
considered in practice. This article will
consider when a lawyer should provide
nonlegal advice to clients, and the practical problems created by doing so.
Consider the question, “Should I get
divorced?” This question seeks purely
nonlegal advice, and the answer may
include issues of compatibility, money,
infidelity, happiness, children, sex, religion, and other problems associated with
the marriage. These may well be areas for
discussion with a family member, best
friend, marriage counselor, clergy, or
therapist, but not with an attorney who
is both unqualified and unfamiliar with
the situation. Now consider this question, “What happens if I get divorced?”
This question requires the attorney to
discuss legal issues with the client such
as the division of marital assets, shared
parenting, joint custody, and child support, along with the nonlegal effects that
a divorce may have on the client socially,
morally, and economically. In other
words, attorneys must be prepared to
discuss certain nonlegal issues with the
client, and avoid discussing others. The
challenge is knowing when to speak up,
and when to shut up, and the benefits of
both courses of action.
l
When to Speak Up.
Rule 2.1 of the Ohio Rules of Professional Conduct1 addresses the role of the
Attorney as a nonlegal advisor to the
client, and states:
In representing a client, a lawyer shall exercise independent
professional judgment and render
candid advice. In rendering advice,
a lawyer may refer not only to law
but to other considerations, such
as moral, economic, social, and political factors, that may be relevant
to the client’s situation.
Despite the permissive language of
the Rule, such broader counseling may in
fact be necessary to provide competent
advice to the client. “Advice couched in
narrow legal terms may be of little value
to a client,” especially because “moral
and ethical considerations impinge
upon most legal questions and may
decisively influence how the law will be
applied.” Prof.Cond.R. 2.1, Comment (2).
Some scholars argue that this comment
obligates attorneys to advise clients on
nonlegal related issues. See, e.g., Larry O.
Natt Gantt, II, More than Lawyers: The
Legal and Ethical Implications of Counseling Clients on Nonlegal Considerations,
18 Geo. J. Legal Ethics 365, 366-368;
Geoffrey C. Hazard Jr. & William Hodes,
The Law of Lawyering, A Handbook on
the Model Rules of Professional Conduct
397 § 23.3, at 23-4.1 (Aspen 3d ed. 2004-2
Supp.) (1985) (“The Comment to Rule 2.1
points out that in some cases the right to
give more extensive advice can turn into
a duty to do so”). Id.
The scope of representation, whether
purely legal or encompassing other
considerations as well, is for the client
to decide. Nevertheless, the comments
to the Rule stress the role of the lawyer in assuring that the client makes
an informed decision as to the advice
requested. Prof.Cond.R. 2.1, Comment
(3). The lawyer may also need to take
the lead in providing advice not otherwise directly requested where necessary
to protect the client’s interests. Prof.
Cond.R. 2.1, Comment (5). The client
makes the decision with respect to objectives of the representation, as opposed to
the strategic or tactical means of achieving those objectives. See Charles W.
Wolfram, Modern Legal Ethics § 4.3, at
157 (1986). However, the objectives of the
client must be tempered by the ethical
obligations of the attorney to counsel his
client regarding the objectives.
The Supreme Court of Ohio stressed
the importance of the exercise of
independent judgment, and the candid counseling of clients in Office of
Disciplinary Counsel v. Hardesty, 80
Ohio St.3d 444, 687 N.E.2d 417 (1997).
Hardesty represented clients in divorce
proceedings and bankruptcies. He assisted clients who refused to cooperate
with discovery, and clients who refused
to provide accurate information to the
courts. He also disrupted legal proceedings with various tactics such as not
serving opposing counsel with court
Feature Article
filings. Hardesty violated a number of
disciplinary rules as a result of his “ready
deference to his client’s bidding.” Id. at
446. The Court found that Hardesty’s
misconduct appeared to be more the
result of the clients’ actions rather than
the attorney’s actions. Id. The Court emphasized that Hardesty “yielded to these
clients’ wishes (to take or not take certain
action) when he should have counseled
them with respect to their duties under
the law.” Id. at 446-47. This prompted the
Court to give a “hired-gun” lecture in the
following terms:
All too often we have observed
members of the profession, not
only solo practitioners, but also
salaried corporate counsel, members of small and large firms, and
government attorneys, operating
as “hired guns,” acting solely at
the direction of their employers or
clients and neglecting their duty
to counsel their clients. Neither
the position of an attorney as
an employee, nor the pressure to
retain a client in a competitive
legal environment, can justify an
attorney’s abdication of the duty of
counseling.
Id. at 447.
A lawyer is ethically required by the
Rules of Professional Conduct to give
candid advice to the client. Comment
(1) to Prof.Cond.R. 2.1 emphasizes the
candor requirement:
A client is entitled to straightforward advice expressing the
lawyer’s honest assessment. Legal
advice often involves unpleasant
facts and alternatives that a client
may be disinclined to confront.
In presenting advice, a lawyer
endeavors to sustain the client’s
morale and may put advice in
as acceptable a form as honesty
permits. However, a lawyer should
not be deterred from giving candid
advice by the prospect that the
advice will be unpalatable to the
client.
The Supreme Court of Ohio stressed
the importance of responsible and candid counseling of clients in Akron Bar
Ass’n v. Miller (1997), 80 Ohio St. 3d 6,
www.CincyBar.org 684 N.E.2d 288).
The good lawyer’s counsel is not
directed to the sale of a product but to
the best interests of the client. A lawyer’s
counseling is more than informing “his
client about the legal consequences of
pursuing a particular objective that the
client has already identified and chosen. *
* * [R]esponsibilities to a client go beyond
the preliminary clarification of his goals
and include helping him to make a deliberately wise choice among them.”
Id. at 9, (citing Anthony T. Kronman,
The Lost Lawyer 128-29 (1993).
In commenting on the requirement
to counsel clients appropriately, the
Supreme Court of Ohio warned, “We
expect this consideration to be taken
seriously by every lawyer in this state.”
Office of Disciplinary Counsel v. Hardesty, supra, 80 Ohio St. 3d 444, 447, 687
N.E.2d 417, 419.
When to Shut Up.
As the old saying goes, “Better to
remain silent and be thought a fool than
to speak and to remove all doubt,” Abraham Lincoln, (attributed). The attorney
must be competent to give nonlegal
advice. “(A)n attorney, unless a qualified
therapist, may no more engage in that
profession than a therapist may practice
law without a license.” Cincinnati Bar
Assn. v. Alsfelder, 2004-Ohio-5216, 103
Ohio St. 3d 375, 381, 816 N.E.2d 218, 224.
Thus, the duty to provide candid advice
implicates the duty of competence found
in Prof.Cond.R. 1.1. John M. Burman,
Advising Clients About Non–Legal Factors (Feb.2004) (“The obligation to advise
a client about nonlegal factors does not
give the lawyer, of course, a license to engage in activities which are the province
of another profession”).
Providing nonlegal advice to a client
that causes harm can give rise to a claim
for negligence by the client, or others.
Legal malpractice insurance policies
typically exclude coverage for nonlegal
claims.
A suit seeking to recover for bad
nonlegal advice is subject to the statute
of limitations for tort actions, rather
than the shorter statute of limitations for
professional liability actions and expands
the universe of potential plaintiffs beyond just the client. See Kyle Kveton, The
Question of Whether A Lawyer Has Given
Legal or Nonlegal Advice is Highly FactSpecific, 28 L.A. Law. 31 (Sept. 2005). In
In re Greater Southeast Community Hospital Corp., 333 B.R. 506 (Bankr. D.D.C.
2005), the court held, “An attorney who
provides bad business advice, even advice
given on retainer, is no more liable for
legal malpractice than a doctor who is
paid for such advice would be for medical
malpractice, or, for that matter, an attorney who provides bad medical advice to
a client would be for legal malpractice.”
Greater Southeast Community Hospital,
333 B.R. 506 (Bankr. D.D.C. 2005) at 529.
Advising a client on nonlegal matters has other pitfalls. For example, an
attorney should not expect to be paid
legal fees to assist a client with every
nonlegal matter. The Supreme Court of
Ohio considers charging a client legal
fees for certain nonlegal matters akin to
charging a clearly excessive fee. Disciplinary Counsel v. Hunter, 2005-Ohio-5411,
106 Ohio St. 3d 418, 422-23, 835 N.E.2d
707, 712 (Attorney who charged estate
attorney rates for completing a variety of
nonlegal administrative tasks, including picking up mail, depositing checks,
paying bills, and arranging for lawn
care, house cleaning, and the delivery of
necessities, violated former Disciplinary
Rule 2-106(a) barring the charge or collection of an illegal or excessive legal fee).
See also Cincinnati Bar Assn. v. Alsfelder,
supra, 103 Ohio St. 3d 375, 379-80, 816
N.E.2d 218, 222 (Attorney could not ethically charge for friendly advice that was
not directly related to his client’s legal
concerns, despite attorney’s claim that he
believed he was serving his client as the
“deep rudder” that she seemed to need.)
Deciding when to charge clients for
nonlegal advice is not a bright-line test,
but the propriety of this conduct may
be assessed by applying the reasonable
attorney standard. See Burman, supra,
27 Wyoming Lawyer 40. Reported cases
usually involve what is not reasonable
when billing a client for nonlegal advice.
For example, allowing the client to consult as a friend while charging for time as
a lawyer, despite the attorney’s assertions
to the client that he had only “attorney’s
time” to give, was found to be unreasonable, and resulted in disciplinary action
and disgorgement of $30,000 for exces-
l
Feature Article
sive billing in Cincinnati Bar Assn. v.
Alsfelder, supra, 103 Ohio St. 3d 375, 37980. On the issue of nonlegal services and
billing, the court quoted Stanley v. Bd. of
Professional Responsibility (Tenn.1982),
640 S.W.2d 210, 213, “An attorney may
not serve in ‘a self-appointed role as a
paraclete, comforter, helper, or hand
holder, under the guise of legal services
and at a lawyer’s compensation rate.’”
Cincinnati Bar Assn. v. Alsfelder, supra,
103 Ohio St. 3d 375, 380.
Another significant pitfall is that,
unlike legal advice, nonlegal advice is
not protected by the attorney-client
privilege. The attorney client privilege
requires the following elements: “(1) [w]
here legal advice of any kind is sought
(2) from a professional legal adviser in
his capacity as such, (3) the communications relating to that purpose, (4) made
in confidence (5) by the client, (6) are
at his instance permanently protected
(7) from disclosure by himself or by the
legal adviser, (8) unless the protection is
waived.” State ex rel. Leslie v. Ohio Hous.
Fin. Agency, 2005-Ohio-1508, 105 Ohio
St. 3d 261, 265, 824 N.E.2d 990, 995, citing Reed v. Baxter (C.A.6, 1998), 134 F.3d
351, 355–356; Perfection Corp. v. Travelers Cas. & Sur. Co., 153 Ohio App.3d
28, 2003-Ohio-2750, 790 N.E.2d 817, ¶
12. Providing nonlegal advice to a client
causes the first element of the attorney
client privilege to fail. Thus, in litigation
nonlegal advice is subject to discovery.
“[T]he privilege only applies if the lawyer
is providing legal advice or services and
not where the attorney acts as a business
or economic advisor and provides nonlegal advice.” Evenflo Co., Inc. v. Hantec
Agents Ltd., 3:05-CV-346, 2006 WL
2945440 (S.D. Ohio Oct. 13, 2006).
The following test helps distinguish
legal from nonlegal advice when determining if the attorney-client privilege
attaches: “[A] matter committed to a
professional legal adviser is prima facie so
committed for the sake of the legal advice
... and is therefore within the privilege
unless it clearly appears to be lacking in
aspects requiring legal advice.” Diversified Indus., Inc. v. Meredith, 572 F.2d 596,
610 (8th Cir.1977) (en banc) (quoting 8
Wigmore, Evidence § 2296 (McNaughton
rev. 1961) (emphasis in original)); cited
with approval in Matter of Federated
l
Dep’t Stores, Inc., 170 B.R. 331, 354-55
(S.D. Ohio 1994). Thus, an attorney who
prepares tax returns may be compelled
to testify as to the preparation of the tax
returns since tax return preparation is
not legal advice, and there is no confidential communication to which the
attorney client privilege attaches as the
material provided to the attorney by the
client was intended to be communicated
to third party taxing authorities. Colton
v. United States, 306 F.2d 633, 636–39
(2d Cir. 1962), cert. denied, 371 U.S. 951
(1963); United States v. Silverman, 430
F.2d 106, 121–22 (2d Cir. 1970); United
States v. Schenectady Savings Bank, 525
F. Supp. 647, 652–53 (N.D.N.Y. 1981).
Not even the work papers of the attorney
preparing the tax returns are considered
privileged, which by definition, consist
of information that was intended to be
transcribed onto the tax returns, and
cannot be of a confidential nature. United
States v. Merrell, 303 F. Supp. 490, 493
(N.D.N.Y. 1969).
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Conclusion
Lawyers can and should continue to
provide nonlegal advice and consultation to clients, especially when related to
legal matters. Like the tightrope walker
working without a net, lawyers should
bear in mind the implications of providing nonlegal services. An understanding
of the risks is fundamental to protecting
the interests of clients and lawyers. A
lawyer should take the time to explain
nonlegal issues related to a legal matter
with a client. Counsel the client as to an
appropriate course of action, but avoid
giving advice that you are not qualified
to give. Tell the client that advice unrelated to a legal matter is not covered by
the attorney client privilege. Understand
the limits of legal malpractice insurance,
and use common sense in billing. Do
not charge legal rates for clearly nonlegal
services.
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Phillips is the president of Phillips Law Firm, Inc. He
regularly speaks on professionalism, risk management,
and ethics.
1 The Ohio Rules of Professional Conduct 2.1 is identical to the ABA Model Rule.
35 West Fifth St., Cincinnati, Ohio 45202
513-421-9100
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Balanced Living
Catching Up With the Health and
Well Being Committee
By Dimity V. Orlet
The mission of the Committee is promote attorney well-being by providing education, peer-to-peer support and
resources to attorneys and law students in the areas of mental health, emotional balance, stress management
(including physical manifestations of stress) and addiction.
Over the last three years, the CBA’s Health and Well Being Committee has brought thoughtful programs and articles to all members
of the local legal community. Lucky for us, many of these articles and programs are available today through an extensive archive.
Articles
• March, 2013: Living Life on a Balanced Basis
Each month for the past two and a half years, the Health and
Well Being Committee has submitted a Balanced Living article
for the CBA Report. The archive of all Balanced Living columns
is readily available on the Health and Well Being Committee’s
page at www.cincybar.org (look under Committees/Groups).
• February, 2013: The Life of Frank Marnell
Articles to read include:
• November, 2012: What is Good Treatment for Depression
and How to Find It
• September 2014: The Suicide of a Lawyer with Depression—
Ken’s Story
• January, 2013: Starting a Fitness Program: Sound Body,
Sound Mind
• December, 2012: Changing the Way We Relate to Stress and
the Practice of Law
• October, 2012: Suicide is Preventable
• August 2014: Optimizing the Attorney: Defending your
Performance through Breath and Posture
• September, 2012: Are You Depressed? and The Balancing Act:
A Lawyer’s Challenge
• July 2014: The Challenges of Dementia & Alzheimer’s Disease
• August, 2012: Preventing Stress and Burnout
• June 2014: Sticking to Your Fitness Program: Part 2
• July, 2012: Mental Health: OLAP Can Help
• May 2014: Sticking to Your Fitness Program
• June, 2012: Dodging Second Darts
• April 2014: Essentials for Eating to Live
• May, 2012: CBA Forms New Committee Focused on Attorney
Health and Well-Being
• March 2014: Reflections on the Grieving Process
• February 2014: Is it Time for a Health and Well Being
Check-up?
• January 2014: When Trust Beneficiaries Have Substance
Abuse Problems
• December 2013: Life Happens: Responding to
the Unexpected
YouTube Videos
In addition to the expansive collection of articles, did you
know that most of the committee’s Balanced Living Lecture
Series programs are recorded and available online? This
video archive is also available on the Health and Well Being
Committee’s page at www.cincybar.org.
• November 2013: Mindful Meditation: What it offers for
the professional
Videos include:
• October 2013: Out of the Shadows: Depression in the
Legal Profession
• A Good Night’s Sleep: Why You Need It & How to Get It
• September 2013: Health and Well Being Committee Marks
its Second Year
• August 2013: Retirement Serenity: Reality or Fiction
• July 2013: Why I Teach
• June, 2013: Finding a Mentor
• May, 2013: How to Make Fit Fit
• April, 2013: NAMI of Hamilton County: Education,
Support, Advocacy
www.CincyBar.org • How to Make Fit FIT: Sticking to It
• The Mindful Attorney: Reducing Stress & Enhancing
Your Work
• Eat to Live: Fuel Up Right to Fill Up on Life
• How to Make Fit FIT
For more information on the CBA’s Health and Well Being
Committee or to get involved, contact Tabitha Hochscheid at
[email protected].
Orlet is assistant counsel and director of CLE at the CBA. She also serves as staff
liaison to the Health and Well Being Committee.
l
p The 5/3 Kids Fun Run gets ready to start.
p Tiffany Reece Clark dre
ssed
up to support ProKids
g was a hit at
Face paintin Run for Kids
o
er
rh
the Supe
With great weather and an exceptional crowd
of runners and walkers, the 18th Annual Run
for Kids to benefit ProKids was a resounding
success. The Superhero Run for Kids featured
a great course through downtown Cincinnati,
a kids run, the band Marsha Brady, a great
after party and a number of new sponsors.
Participants and volunteers donned superhero
costumes throughout the fun-filled evening.
The Superhero Run for Kids Planning Committee, headed by Sarah Sparks Herron and
Patrick Hayes, worked throughout the year
to share ideas and strategies to engage more
team participants and sponsors. Thanks to all
of those who volunteered, ran or came out for
the party!
l
Sarah Keates and family
cross the finish line.
t Perriann
Allen, Tom
Cuni, Jean
Geoppinger
McCoy and
John Norwine,
grillers
supreme!
p Rick Holmes and his
daughter
enjoy time on the course
p Race winners — Landen Summay
and Jackson Paul
t Dino
Lucarelli
crosses the
finish line in
9th place
u Laura Hughes, race
volunteer manager,
congratulates one of the
over 400 runners and
walker
Thank you to our sponsors
Platinum Sponsor
Co-Sponsors
Gold Sponsors
A-1 Amusement and
Party Rental
Allpro Parking
B-105.1, 97.3 the Wolf &
the New 94.9
Barbara J Howard Co. LPA
Blank Rome LLP
Bob Roncker’s Running Spot/
New Balance
City Dash
Dinsmore & Shohl LLP
Empire Food Brokers
Fastsigns
Freking & Betz LLC
Frito Lay
Graydon Head & Ritchey LLP
www.CincyBar.org Heidotting Printing
Helmer Martins Rice & Popham
Co. LPA AND Top Gun Publishing
JTM Food Group
Keating, Muething & Klekamp PLL
Lerner, Sampson & Rothfuss LPA
Q102
Robbins Kelly
Patterson & Tucker
Sam & Jana Sizemore
Stagnaro Distributing
Starr Printing Services
Sundance Beverage Co.
Thompson Hine LLP
United Mail LLC
WLWT News 5
l
Created in 1961 by three members of the Cincinnati Bar Association, the Cincinnati Bar Foundation continues today to
be the only law-related charity in Cincinnati dedicated to promoting justice and changing lives through the law. For more
information on the efforts of the Foundation, contact René McPhedran at (513) 784-9595 or [email protected].
Invest in Justice by Investing
In Your Foundation
By Kelly M. Myers, President of the Cincinnati Bar Foundation
Thank for you for allowing us to invest in your profession and
your community.
Because of you, the Foundation can make grants and support
Myers
programs that improve the administration of justice in Greater
Cincinnati and support and promote the legal profession. Your donations allowed the Foundation to make over $102,000 in grants during the past year.
As we kick off Investing for Justice 2014, the Cincinnati Bar Foundation’s annual
fundraising campaign that begins in October, we will be calling on you for your support. Please consider making a tax deductible donation as an Annual Advocate. Your
gift at the silver, gold or platinum level ensures the CBF’s ability to fund programs and
grants that directly affect the lives of thousands of people in our community, including
lawyers. And the CBF’s grants showcase our profession as leaders that want to improve
our community.
Your gift to the CBF is a simple way to make an investment for justice, and the more
you give, the more we as a profession and Foundation can give back to the community.
Please lend your support to Investing in Justice 2014 for your community, your profession and your foundation with a gift to the CBF’s campaign.
Become an Annual Advocate Member
This year, we ask you to consider making a commitment to ensuring the idea of
Investing for Justice and Changing Lives through the Law in our community by contributing at one of three levels below, with a multi-year pledge (up to 5 years):
Platinum - $1,000 annually ($5,000 pledge over 5 years)
Gold - $500 annually ($2,500 pledge over 5 years)
Sliver - $250 annual ($1,250 pledge over 5 years)
Pledges may be made in honor or memory of someone whose legacy you
would like to recognize. As a member, your name and the name of the honoree would
be added to the donor wall on permanent display in the Cincinnati Bar Center. Members will be acknowledged at several other times throughout the year and invited to
periodic special receptions. Please place yourself in this highly regarded group of Foundation donors.
Cincinnati Bar Foundation
CAMPAIGN
How to Donate
Help the Foundation support these
important programs with a gift to the
Investing for Justice 2014 Campaign.
Donors will be recognized in various
publications, the 5th Floor donor wall
and listed in the CBA Annual Meeting
Luncheon program. Also, look for
information about the Firm Leadership
Circle 100% Club for firms in the
November issue of the CBA Report.
Invest for Justice!
You can make your contribution by:
• Going online at www.cincybar.org.
Donations can be made by credit card.
• Mailing your contribution directly
to The Cincinnati Bar Foundation,
225 East Sixth Street, 2nd Floor,
Cincinnati, OH 45202. Please make
checks payable to The Cincinnati Bar
Foundation.
• Using the campaign envelope in the
November CBA Report to mail in
your donation
Memorial &
Honor Gifts
The Cincinnati Bar Foundation
gratefully acknowledges the
following gifts:
In Memory of
Kenneth D. Jameson
Financial Management Group, Inc.
Chrissie A. Smith
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Investing Your Gifts
By Phil Schworer, Development Chair CBF & Tony Osterlund, Grant Committee Chair CBF
October kicks off the Cincinnati Bar Foundation’s annual appeal with the Investing for
Justice 2014 campaign. Last year, through your gifts made during the campaign, we
were able distribute $102,000 in grants that directly impacted thousands of people in our
community. This year, we have raised the bar. Not only do we want to increase our impact on
the community by making larger grants, we want to fully endow three major programs that
support the Bar:
Schworer
Osterlund
• Mental Health Initiative and the Kenneth D. Jameson Health & Well-Being Fund
• Michael H. Neumark CALL Scholarship and Development
• Mock Trial
Your gift of $100 or more enables us to fund these great projects.
Your gifts go a long way to help a huge number of people and organizations in our community. Investing for Justice 2014 reflects our
goal to raise significantly more money to have a bigger and ongoing impact. Again, perhaps equally important is that this shows our
profession is vital to our community. Through your support, we provided grants
To help at risk children with the
• Children’s Law Center Inc. –
Juvenile Defender Leadership Summit
• Pro Kids - Cross Over Youth & Steps to Peace
To help citizens with the
• CBA Professionalism Committee – Beyond Civility:
Communication for Effective Governance
• Legal Aid Society of Cincinnati – Family Law Mentoring
Project & VLP Recruitment
To educate youth about the law with the
• Boy Scouts of America – Law Merit Badge Program
• Impact Northern KY – Regional Youth Leadership Law
Session
To help employ those with previous
criminal records
• Cincinnati Works – Phoenix Program
To educate the public about the law with the
• Hearing Speech & Deaf Center – Increased Access to Pro
Bono Services
• Law & Leadership Institute – Cincinnati Program
• Lawyers for the Arts
• Talbert House – Helping Fathers Navigate Legal Waters
To support our member attorneys with
• Continuing Legal Education Seminars
• “Hanging a Shingle” Solo/Small Firm
• Judicial Clerkship Summer Scholarships
• John P. Kiely Professionalism Award
• William A. McClain Scholarship
• Lawyer’s Trust Account Manual
• Summer Work Experience in Law
• John L. Muething Lifetime Achievement in Law Award for
Senior Counselors
• John W. Warrington Community Service Award
• Balanced Living Lecture Series
The cause for raising the bar for our profession and the community needs you. This is your opportunity to join in. Your support for
the Investing for Justice 2014 campaign allows us to pay it forward to help more in Greater Cincinnati. Please join with the other
members of the Association who have already pledged their support and make your contribution now.
www.CincyBar.org l
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ember 13 5 p.m
Thursday, Nov this Bar & Grill
I Love
Toby Keith’s
n
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n!
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We’re Gonna
We’re gonna rock this town! Cincinnati Bar Foundation is happy to announce
the 3nd Annual “Rock the Foundation” — kick off party for the Investing for
Justice campaign! Join emcee Eric Combs and your fellow members of the
Bar at Toby Keith’s at the Banks for a fun filled evening of music provided
by talented members of our Association. Elvis, the Drysdales and your
favorite guest performers will be back by popular demand. And, we will be
introducing some new acts as well. This fundraiser for the Cincinnati Bar
Foundation will feature a fabulous evening of musical acts, prizes, raffles and is
the social event of the season. Mark your calendars — and be ready to rock!
Share Your Knowledge
Get Published!
Have an interest in writing for
your colleagues? Consider writing
for the CBA Report. Put pen to
paper and explore a legal topic
you are interested in or familiar
with. Submissions accepted include
practice area articles, humor
columns, personal perspectives,
even opinion pieces. Share your
knowledge with others in the legal
community. Not only will you get
a byline, you could also earn CLE
credit for your contribution. Contact
the CBA at (513) 699-1391 or
[email protected] for
details. And get writing!
Ready for retirement?
Income strategies,
account consolidation,
investment management
l
e
v
Sa
e
h
t
e
t
Da
Francis J. Niehaus,
JD, CFP®
Kevin J. Walsh, CFP®
Michael W. JarroldGrapes, CFP®
Financial planning & investments
since 1987.
4820 Glenway Ave., Cincinnati, OH 45238
www.niehaus3.com • (513) 471-9600
Securities offered through Securities America, Inc., Member FINRA/SIPC
Advisory services offered through Securities America Advisors, Inc.
Niehaus Financial Services, LLC & the Securities America companies are
independent entities.
The CBA Young Lawyers Section is open to all attorneys age 36 or younger or in his or her first five years of practice
regardless of age. For more information on getting involved in the many professional, social and community service
activities of the YLS, contact Kathy Grant at (513) 699-4016 or [email protected].
Young Lawyers Section
Making Time for Everything that Matters
By Alison De Villiers
In all likelihood, I will be on maternity leave as you read this article. As I write this, I have yet to experience
caring for a newborn while also juggling all of the other demands of life. I suspect that it takes careful planning
and a delicate balance. There is an ongoing debate about whether we can have it all; and while I don’t think we
can have everything we want, we can take actions early in our careers and lives that will help us to achieve longterm fulfillment. I figured this is the perfect opportunity to go to the “experts” (well, at least lawyers whom I have
observed are doing a fantastic job of balancing the demands of work, clients, family, and friends) for some advice
about juggling a demanding career, but also making time for the other important things in life.
Here is what they have to say:
“Work smart. Managing and planning your time is key. When you are at
work, focus on work 100%. Then, when
you are away from the office, focus on
doing things that you enjoy.” Stephanie
Day, Santen & Hughes “I think the best way to maintain a
‘work-life balance’ is to know what you
want and focus your efforts on those
personal and professional goals that matter to you most. Don’t spread yourself
too thin by committing to things that
don’t fit within your plan. When I feel
unbalanced, it is often because I’ve let
someone else’s opinions or priorities
influence what I am doing or how I am
feeling. No one is going to hand you a
balanced plate; you have to set and enforce your own limits. If you are giving
100% to each of the things you want to be
doing at work and at home, then you can
be confident in your role and know that
no one is being shorted—not your client,
your family, or yourself.” Sarah Leyshock,
Beckman Weil Shepardson LLC
De Villiers
“I do not think a perfect work-life
balance 100% of the time exists in this
world. However, I do think you can
come pretty close by doing work you
truly enjoy. By having a job I love, it is
easier to be away from my family. And
while it sounds cliché, I try not to sweat
the small stuff and am also working on
how to politely say “no” when necessary.”
Erin Cunniff Childs (former YLS chair),
Pro Bono Partnership of Cincinnati
“The key is to plan ahead, prioritize,
and work efficiently. When there is an
important event at my daughter’s school,
I mark that time as unavailable for work
appointments and stick to it. I make up
work after she goes to sleep as needed. Technology has made it so much easier
to balance work and family life, as we
no longer have to be in the office physically to get work done or bill time.” Jade
Stewart, Freund, Freeze & Arnold
“As a trial lawyer, scheduling largely
falls on my own shoulders. We are
fortunate to have a very understanding trial bar that knows the importance
of work-life balance. In all my years
of practice, if I called my opponent to
reschedule a deposition or court appearance and told them my son has a baseball
game or we were going on a family trip
that day, I never had anyone object to
moving a date. That’s a credit to our
community of attorneys. Likewise, it is
important to extend that same courtesy
to others.” Brett Goodson (former YLS
chair), Goodson & Company, Ltd.
“Work smart, not hard. Have at least
one hobby that is completely unrelated to
work. Don’t let your job define who you
are. Set boundaries. A good employer
will encourage you to spend time away
from work.” Jason Abeln (former YLS
chair), Garvey, Shearer, Nordstrom, PSC
Please join the conversation and
share your tips for managing all of
the important things in your life on
YLS Live: https://groups.google.com/
forum/#!forum/ylslive
De Villiers is the 2014-2015 chair of YLS
Ethical Quandary?
October Ethics Hotline Attorneys
James K. Rice (859) 426-2165
Gregory S. French 641-4692
The members of the CBA Ethics & Professional Responsibility Committee listed above are
available to help you interpret your obligations under the Ohio Rules of Professional Conduct.
Questions posed should be framed hypothetically and should relate to your own prospective
conduct. The committee also accepts requests for written opinions.
www.CincyBar.org l
Annual Nast Trinity Dinner
The YLS Community Service Committee, along with volunteers from the legal community, and friends served full course meals to residents in Over-the-Rhine and
surrounding areas. YLS wishes to thank all of the volunteers who assisted with the
community service event on Sunday, August 17.
If you are interested in joining the YLS Community Service Committee or any
other committee of YLS, please visit www.cincybar.org.
u Rock
star
volunteers
of the
CBA-YLS
p Allison Kendall getting
ready for
another crowd pleasing
serving session
p P&G volunteers share the spotlight.
e time to
p Volunteers took som
ors
ghb
nei
the
of
e
with som
chat
p YLS Community Service Committee Chair, Chris
Ryan serves drinks to residents
YLS Community Service C hallenge
Shout Out!
Shout out to the YLS Community Service Challenge liaison for Procter & Gamble,
Sarah DeCristafario. Not only did Sarah attend the Nast Trinity community dinner, but
she also recruited five Procter & Gamble young professionals to volunteer with her. We
thank Sarah for helping to make a difference in our community through the YLS Community Service Challenge.
If you are a young lawyer or law student and interested in serving as a Challenge liaison, please contact LaDonna Wallace Smith at [email protected] or (513) 699-1392.
l
Wash Park Art
YLS members and Superhero Run for Kids volunteers enjoyed themselves with an evening of art at Wash Park Art. Holly Doan Spraul, owner of the gallery, was the hostess
for an evening of fun conversation and amazing art as part of YLS’ appreciation to the
volunteers for the Superhero Run for Kids.
p Holly Doan Spraul
personalizes the welcom
e to
her gallery on Elm Street
p Greg Hoover shares
with Holly Doan Spraul and
ProKids staff
u Haley Fritz from the CBA
thanks Amanda Schneider
and Jennifer McKettrick from
ProKids
p Scott Hoberg,YLS membership
chair with Louis Smith
Save the Date
Bar Bash
Meet and Mingle with Newly Minted Attorneys
Join the YLS and mentoring participants from the Supreme Court of Ohio Lawyer-to-Lawyer
Mentoring Program to celebrate with the new members of the Ohio and Kentucky Bars at the
annual Bar Bash. Food and drink will be provided.
November 6, 5–7 p.m.
Igbys
Register at www.cincybar.org
www.CincyBar.org l
The Center for Race, Gender, and Social Justice and the
University of Cincinnati College of Law present
Sneak Preview
HBO Documentary Film exploring the issue of domestic violence
Date: October 3, 2014
Time: 6:00 p.m.
Location: Harriet Tubman Theater, National Underground Railroad Freedom Center
RSVP: [email protected]
Thank you to our sponsors.
Upcoming Events for October 2014
10/1 – Weaver Institute of Law and Psychiatry Lecture,
featuring Dr. Adrian Raine: “The Anatomy of Violence:
the Biological Roots of Crime”*
10/3 – Center for Race, Gender, and Social Justice presents
“Private Violence” documentary film
10/25 – Ohio Innocence Project 10th Anniversary Celebration
10/28 – William Howard Taft Lecture on Constitutional Law,
featuring Professor Ernest Young: “Federalism as a
Constitutional Principle”*
*denotes CLE opportunities
committee corner
For more information about becoming involved in any CBA practice committee,
contact Haley Fritz at (513) 699-1406 or [email protected].
Committee Meetings
Mary Newman
Committee: Lawyers for the Arts
Firm: Dinsmore & Shohl
All meetings at noon at the Cincinnati Bar Center, 225
East Sixth St. unless otherwise noted. Access the latest
on committee meetings at the CBA Committee/Event
Calendar at www.CincyBar.org.
October Meetings
Practice Area: Corporate, M & A, Securities
1
Local Government
Law School: Harvard Law School
8
Veterans and Military Law
What kind of issues do you find most interesting in your practice committee?
What I like most is how diverse the issues that we confront are — our clients aren’t
limited to any single practice area.
9
Immigration Law
Employee Benefits
15
Domestic Relations
16
Real Property
21
Bankruptcy
22
Juvenile Law
23
Social Security
What is the most important project for your practice committee this year?
Our ability to offer CLE credit for pro bono work through the Cincinnati Bar Association is a fantastic opportunity for this committee.
28
Estate Planning & Probate
Intellectual Property Litigation
Solo/Small Firm
When I’m not in the office, I’m… walking with my dog, Molly
30
Labor & Employment Law
What would your practice committee want other attorneys to understand about
your specialty?
We don’t have a specialty – we welcome all lawyers, from all areas, with all levels of
expertise.
How has being a part of your committee made a difference in your own practice?
The clients and other lawyers I’ve worked with have been wonderful connections to
make.
The movie or book that I always recommend is… Case Histories by Kate Atkinson…
it’s beautifully written, literary but a page turner.
CBA Senior Lawyers Division
Social
Join Us
Tuesday, October 7 - 5 – 7 p.m.
Top of the Park
Residence Inn Cincinnati 506 E 4th St., Downtown
$20 Member/ $20 Member Guest/$25 Non-Member
RSVP at www.cincybar.org
www.CincyBar.org l
committee corner
Ingenuity Award 2013-2014
The Ingenuity Award is given to committees which have, during the past year, displayed
a commitment to strengthening their purpose
and function through membership development,
successful CLE seminars, creative meeting programming and other notable accomplishments.
The Women Lawyers Committee is the recipient of the award for the 2013-2014 bar year.
The Women Lawyers Committee has been
rejuvenated through relevant programing with a
concentration on both professional and personal
strategies for a successful legal career and a healthy
family life. Monthly Coffee & Conversations
provide a format for members to network and hear
a short presentation on a relevant topic. Their CLE’s have a format with topics that are
often both new and timely and include a range of viewpoints. The WLC has at least
one program or event on the CBA calendar each month. These programs have included
a summer social at Coney Island, a marketing event and the annual holiday program
with the theme “New Year, New You.” Their leadership succession plan has provided
continuity for their members and developed strong, strategic leaders.
On behalf of the Board of Trustees, we congratulate Chair Jodie Drees Ganote and
the Women Lawyers Committee!
Second Season
Program
Come to discuss how you’re preparing for
your own second season and hear more from
others who have been through a transition.
October 15
8 a.m. registration
8:30-9:30 presentation
Free program
Register at cincybar.org
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Moderator
Jean Geoppinger McCoy
Panelists
Ann Marie Tracey
Kathy Brinkman
Tom Cuni
Path to the
Bench
Friday, October 24, 2014
2 p.m. to 4:30 p.m.
Cincinnati Bar Association
The Women Lawyers Committee presents an opportunity to hear members
of the judiciary talk about their path
to the bench. Table discussions and a
social will follow the panel discussion.
Coffee and
Conversation:
October 17
Panera Bread, 6th & Vine
8:30 – 9:30 a.m.
Join the WLC and Ginny
Whitman, Managing Attorney of the Legal Aid
Society we will discuss
options for volunteering with the Volunteer
Lawyers for the Poor.
Mark Your Calendar: All Coffee & Conversations will take place the
third Friday of each month. Check the
CBA website for registration and details.
committee corner
Converting Marketing Time to Billable Time:
Strategies to Network Profitably
November 6 • Noon at the CBA
Lunch will be provided
Maximize your development effort! Have you ever said, “I don’t have time for marketing?” The real trick is making the most of the time you do invest to ensure that you deepen
relationships with clients, potential clients and referral sources. What are you doing to prepare to attend events? What follow-up are
you conducting? Karen Eutsler from Rendigs Fry and Kamela Barrier from Cors & Bassett share helpful tips to make the most of
every professional/social event that will help you to build your network. Learn strategies to help you evaluate the types of activities
that are more likely to result in increased business so you can invest your time wisely.
CBA Community Service Member Highlight: Fritz Shadley
What community service project or effort do you
champion?
I have volunteered as a mentor through HEMI (Higher Education Mentoring Initiative). This provides an opportunity
for volunteers to serve the community by working as mentors
to juniors/seniors in high school who are in the foster care
system. The goal is to help them navigate through high school
and potentially into college.
How did you decide on this organization?
I am a father of 5 children. When the last went to college I
finally had some time to mentor other kids, which has always
been an interest of mine. Fundamentally, I have been blessed
in many ways and desired to pass along those blessings as best
I could to others in need.
Why is this particular service effort so important
to you?
I realized early on that the greatest gift I was given was the
love and quality of my parents. Children in the foster care
system do not always have active and caring foster parents.
Having been the benefactor of such great parents, I have long
desired to provide that benefit to others who were not similarly blessed.
What kind of impact do you think you’ve made by
being involved with your particular efforts?
I have served as a mentor to two high school public school
students who were in the foster care system. The first one
was successful in getting into college (Bowling Green State
University). This included some success in getting scholarships to pay a portion of his tuition. The second student I
mentored had been kicked out of his public high school dur-
www.CincyBar.org ing his junior year. He was left to obtain his
high school degree by taking the remainder of
his high school courses online. He had some
tutoring from the high school to help him,
but not nearly enough to focus and motivate
him to sit at a desk and stare at the computer
long enough to complete the many, arduous, internet-provided high school courses that would allow him to graduate.
Through our working together I was able to provide some
motivation and assistance and, after many, many months,
he was successful in obtaining sufficient credits to actually
graduate from high school. Although he deserves the bulk of
the credit, I did have some impact in providing to him a sense
that someone actually cared whether he succeeded or not.
How would someone wanting to get involved start
with HEMI?
If someone wanted to get involved in this organization,
they would call Annie Schellinger at (513) 556-4368.
Has your involvement with this program impacted
you personally?
My involvement has impacted me personally in the sense that
I have found it very rewarding to help these foster kids who
in some measure were dealt an unfair hand in the beginning
years of their lives. My experience with the two mentees that
I have worked with is that the only role models they had in
life were “bad” role models. My efforts have been in part to
provide a “good” role model to them. To some degree this has
had an influence in improving their lives. The opportunity
to try to give back to others some of the gifts that I have been
given is for me a wonderfully fulfilling act.
l
continuing legal education
For more information about upcoming CLE events, contact Dimity Orlet at (513) 699-1401 or [email protected].
For a complete schedule or to register for a program online, see the CBA’s CLE Calendar under CLE at www.cincybar.org.
24th Annual Basic Estate Planning &
Probate Institute
Local Government
Law Update
8:30 a.m. to Noon
Cincinnati Bar Center
3.25 Hours of general CLE credit
3.25 Hours new lawyer training credit
Presented by the CBA Local Government Law Committee
8:25 a.m. to 11:45 a.m.
Cincinnati Bar Center
3.0 hours CLE credit
The CBA Estate Planning & Probate
Committee is proud to host its 24th Annual
Basic Estate Planning & Probate Institute
on Friday, October 31, 2014 at the Cincinnati Bar Center. Program topics will
include:
The annual Local Government Law
Update CLE will feature presentations
and panels addressing current issues facing the tri-state area that will include:
• Land banking
• Probate Court Update
• Brief Presentations by the Probate Judge Candidates
• Kentucky Trust Code
• Same-Sex Marriage and the Probate Courts
• Red-light cameras
• Social media and public records.
Register online at www.cincybar.org,
call (513) 699-4028, or see page 33.
Register online at www.cincybar.org or by calling (513) 699-4028. Cyber Mondays with SALIX
Featuring Jonathan Adams, SALIX
November 3rd, 10th & 17th
Noon to 1 p.m. with free lunch included
The Cincinnati Bar Center
Predictive Coding
Cyber Security
What is Predictive Coding for E-Discovery?
The next generation of technology
is predictive coding, where attorneys
leverage computer power to tackle large
document review sets in E-Discovery.
The amount of data to be reviewed in
E-Discovery cases has jumped from
hundreds of boxes, to gigabytes, to
terabytes. Attorneys will need to learn
about this technology to help them to
provide cost effective and timely reviews
to be competitive. Join us to learn
the basics of this technology, trends,
methodologies and cost considerations.
The World Wide Web is the modern day
Wild West. Laws are difficult to enforce
and crimes go largely unpunished. Instead
of gangs of outlaws we have groups of
hackers. These groups are looking for
financial records, intellectual property
and highly confidential information. Their
attacks are becoming more sophisticated,
more frequent and more difficult to
prevent. As these attacks strengthen,
businesses are becoming more dependent
on the information and technology at risk.
Join us to explore the hacking ecosphere,
current tools and best practices, and
practical steps you can implement to get
your data protected.
Monday, November 3, 2014
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E-Discovery Basics
and Forensic
Collection of Data
If you have not yet had a case that
involved E-Discovery, it’s just a matter
of time. SALIX will review the basics of
E-Discovery, explain the concepts involved
in processing, and show you how earlycase assessment tools can give you the
competitive advantage. We will conclude
with Forensic Data Collection and address
the complexity and pitfalls involved in
collecting data from computer networks,
social media, and handheld devices.
Nonprofit Governance
Presented by the CBA Community Service,
Lawyers for the Arts and Nonprofit Law Committees
Tuesday, October 7, 2014
8:30 a.m. to 4:30 p.m. Program
(with complimentary lunch)
7.25 Hours CLE Credit, including 1.0 Hour
Professional Conduct
Featured Presentations:
Nonprofit Management: Critical Issues, Challenges & Successes
Moderator:
John P. Tafaro, President, Chatfield College and President, Cincinnati Bar Association
Panelists:
Tracy B. Cook, Executive Director, ProKids, Inc.
Darlene M. Kamine, Executive Director, Community Learning Center Institute
Stephen T. MacConnell, President and CEO, Cincinnati Union Bethel
Ramin Mohajer, Executive Director, Faces without Places
Corporate Governance & Director Fiduciary Duties
Allison H. Kropp, Dinsmore & Shohl LLP
Christopher A. Wagner, Esq., Ohio Attorney General’s Office
Pro Bono Opportunities Professional Conduct Panel Discussion
(during group lunch)
Moderator:
Sara M. Cooperrider, Assistant General Counsel, UC Health
Panelists:
Erin C. Childs, Executive Director, Pro Bono Partnership of Greater Cincinnati
Mary K. Newman, Dinsmore & Shohl LLP and Chair,
CBA Lawyers for the Arts Committee
John C. Norwine, Executive Director, Cincinnati Bar Association Virginia C. Whitman, Managing Attorney, Volunteer Lawyers Project
ABC’s of Non-Profit Financial Statements
Chad Martin, CPA, CFE, Barnes Dennig
How to Avoid Fraud in Your Organization
Chad Kolde, CPA, CFE, Barnes Dennig
Chad Martin, CPA, CFE, Barnes Dennig
Liability and Insurance Issues: Key Considerations for Nonprofits
Barry S. Kramer, Vice President, Not-for-Profit Division, USI Midwest LLC
Upcoming PLI
Groupcasts at the
CBA
The CBA and nationally noted nonprofit CLE provider PLI, Practising Law
Institute, have joined forces to offer select
PLI webcasts for viewing at the CBA.
Webcasts will be chosen with the goal of
serving attorneys in practice areas not
commonly addressed by the CBA’s regular CLE offerings. Attendees will earn
live CLE credit.
Featured 2015 Programming:
January 9 – Drafting & Negotiating
Corporate Agreements
January 20 – Advanced Deposition
Techniques
February 12 –Commercial Mortgage
Backed Securities & the Real Estate
Lawyer
February 18 – Ethics for Corporate
Lawyers: MJP & Other Current Issues
March 11 – Doing Deals: The Art of
M&A Transactional Practice
March 17 – Fundamental Concepts
in Drafting Contracts: What Most
Attorneys Fail to Consider
April 29 – IP Monetization: Maximize the Value of Your IP Assets
May 12 – Pretrial Practice
May 28 – Delaware Law Developments: What All Business Lawyers
Need to Know
June 9 – Institute on Data Privacy &
Security Law
For more information, visit www.
cincybar.org or call (513) 699-4028.
Volunteer Oversight & Legal Issues Pertaining to Volunteers
Julie Olberding, Ph.D., Director of Nonprofit Management
Graduate Certificate Program, Northern Kentucky University
Richard L. Moore, Frost Brown Todd LLC
Register online at www.cincybar.org, call (513) 699-4028, or see page 33.
www.CincyBar.org l
Reimagining the UCC in Your Practice:
A Groundbreaking Approach
to Interpreting the UCC
Featuring Robert M. LeVine, J.D.
Thursday, October 30, 2014
8:30 a.m. to 5 p.m. Program
6.5 Hours CLE Credit
Attendees will receive a
FREE copy of LeVine’s 500-page
book The Uniform Commercial
Code Made Easy, a $60 value.
The UCC governs billions of commercial t ransactions each day in the US. There are
29.4 million small businesses alone whose daily operations involve the UCC. Often, these
businesses are vulnerable in ways unknown to them by reason of various provisions of the
Code. An attorney with a solid working knowledge of the UCC creates a powerful platform to attract new business and better serve existing clients. This seminar will empower
you with:
• a solid working knowledge of the UCC;
• an understanding of how the various articles of the UCC fit together;
• an ability to utilize the comprehensive approach to UCC related problems;
• key strategies for drafting UCC documents; and
• key strategies for litigating matters under the UCC
Environmental Law
Update CLE
Thursday, October 23, 2014
12:00 p.m. Registration & Lunch
12:30 to 4:15 p.m. Program
3.5 Hours CLE credit
The Environmental Law Committee
has compiled a program that will include
panel discussions on various aspects
of energy that effect environmental
law practitioners, waste to energy and
sustainable green project initiatives,and
an update on water and air rules and
legislation.
Register online at www.cincybar.org
or call the CLE Department at
(513) 699-4028.
About Featured Presenter Robert M. LeVine, J.D.
Robert LeVine is the author of The Uniform Commercial Code Made Easy, a ground breaking approach to the
teaching of law. Upon graduation from the University of
Chicago School of Law, LeVine began his legal career with
the Miami, Florida law firm of Shutts & Bowen, where he
was responsible for all Uniform Commercial Code related
matters for the firm. Shortly thereafter, LeVine became an
adjunct and then full time professor of law at the University of Miami School of Law, where he taught courses on
the Uniform Commercial Code and the Federal Regulation of Banking. LeVine has
delivered CLE seminars to bar associations throughout the country. He also delivered
a seminar, through an interpreter to the first delegation of attorneys from mainland
China to visit the United States. Since 2002, Mr. LeVine has been an adjunct professor
of law at Stetson University College of Law.
Delivering CLE to your neighborhood throughout the year
Online around the clock
• Over 100 live programs each year
• Downtown and suburban sites
• Generous self-study library
• Exceptional quality and value
• Connecting you with colleagues
• Empowering your success since 1872
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Upcoming CLE Seminars
Visit www.CincyBar.org to register and for a complete calendar, updates, and full program agendas.
October 2 • 8:30 a.m. – 5 p.m.
PLI Groupcast
Hot Topics in Mergers & Aquisitions
$1,695
Register at www.pli.edu or (800) 260-4754
October 3 • 9 – 11:45 a.m.
Video Replay
@ Interact for Health, Rookwood Tower, 3805
Edwards Rd., Suite 500, Cincinnati, OH 45209
2.5 hours Prof. Conduct
$90 CBA Member ($125 Non-Member)
October 7 • 8:30 a.m. – 4:30 p.m.
Nonprofit Governance
7.25 hours, including 1.0 Prof. Conduct
By September 23
After September 23
October 8 • 12 – 1 p.m.
Brown Bag Series
Crowd Funding and Unregistered
Offerings in the Wake of Revised Rule
506
October 10 • 8:25 – 11:45 a.m.
Local Government Law
3.0 hours
By October 3
After October 3
Additional $20 Print Handouts
October 14 • 1 – 3:45 p.m.
Video Replay
2.5 hours Prof. Conduct
October 21 • 12 – 1 p.m.
Where Do Clients Come From? Tools
for Building Online Presence
1.0 hour, including .5 Prof. Conduct
October 22 • 12 – 1 p.m.
Brown Bag Series
Fairness in the Courtroom
1.0 hour Prof. Conduct*
$15 CBA Young Lawyer
1.0 hour*
$15 CBA Young Lawyer
October 23 • 12:30 – 4:15 p.m.
Environmental Law
3.5 hours
By October 9
After October 9
October 30 • 8:30 a.m. – 5 p.m.
UCC CLE
6.5 hours
By October 17
After October 17
October 31 • 8:30 a.m. – 12 p.m.
Basic Estate Planning Institute
3.25 hours*
By October 17
After October 17
Additional $20 Print Handouts
November 3 •12 – 1 p.m.
Cyber Monday — Predictive Coding
1.0 hour
*New Lawyer Training credit available.
CBA Continuing Legal Education Registration Form
Please register me for the following CBA-sponsored CLE events:______________________________________________________________________________________
_____________________________________________________________________________________________________________________________________
Name____________________________________________________________ Firm_________________________________________________________________
Address________________________________________________________________________________________________________________________________
City________________________________________________________________________ State______________________Zip_______________________________
Phone______________________________________e-mail______________________________________________
Enclosed is my check in the amount of $________________________ made payable to the Cincinnati Bar Association.
Please charge my credit card the amount of: $_____________ q MasterCard q Visa q Discover q American Express
Card Number________________________________________________ Exp. Date_______________________
Cardholder Signature_________________________________________________________________________
Pre-registration prices shown. Walk-in registrations subject to an additional fee.
Advance registration is advised. Walk-in registrations will be limited to available seating space.
All programs held at the CBA unless otherwise indicated.
Cancellation Policy: Please refer to individual program brochure for cancellation policy.
designates programs where handouts will be provided in electronic format only.
Registrants have the option to purchase print handouts for the additional cost noted.
Special Law-Student Pricing: $50/Full-day programs; $25/Half-day programs; Free/programs less than 3 hours.
* New Lawyer Training credit available
www.CincyBar.org Register
Online at:
www.CincyBar.org
Mail or fax to:
CLE Department
225 E. Sixth Street, 2nd Floor
Fax: (513) 381-0528
Phone:
(513) 699-4028
l
member services
For more information on any of your benefits, please contact Kathy Grant at (513) 699-4016 or [email protected].
A comprehensive list of all benefits can be found at www.cincybar.org.
Member Benefit of the Month
J a nu a r y
Fe brua r y
Ma rch
April
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S ept e m b er
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CityDash provides peace of mind
through courier solutions that exceed
their expectations in all aspect of the
delivery process. City Dash maintains
an extensive fleet of professional, uniformed drivers who make it their goal
each day to provide the best On-Time delivery service in the region.
As an added benefit for being a member of the Cincinnati Bar Association, City
Dash is pleased to offer you a 10 percent discount on all courier services within the
published zip code area. (I-275 loop)
Check out info at www.cincybar.org to start saving today.
3
Erin L. Emerson..................................................699-4019
Director of Marketing, [email protected]
Haley M. Fritz..................................................... 699-1406
Membership Administrator, [email protected]
Laura M. Gaffin................................................... 699-1391
Communications Director, [email protected]
Kathleen A. Grant.............................................699-4016
Director of Member Services, [email protected]
Tamara Grega..................................................... 699-1408
LRS Assistant, [email protected]
Nicole R. Hampton..........................651-5118, ext. 200
Receptionist
Karen J. Johnson................................................. 699-1405
Notary Administrator, [email protected]
Monica L. Kittrell...............................................699-4015
CLE Administrator, [email protected]
René T. McPhedran........................................... 699-1393
Director of CBF, [email protected]
Lisa G. McPherson............................................. 699-1398
Member Services Coordinator, [email protected]
Terrie A. Minniti................................................ 699-1399
Assistant Executive Director, [email protected]
John C. Norwine.................................................699-1400
Executive Director, [email protected]
Dimity V. Orlet................................................... 699-1401
Director of CLE/Assistant Counsel, [email protected]
Maria C. Palermo............................................... 699-1402
Assistant Counsel, [email protected]
Edwin W. Patterson III.................................... 699-1403
General Counsel, [email protected]
Stephanie W. Powell......................................... 699-1407
Paralegal, [email protected]
Anthony W. Riley...............................................699-4013
Clerk
Kathleen M. Schmidt........................................ 699-1390
Executive Coordinator, [email protected]
Dorothy J. Schultz............................................. 699-1404
Chief Administrative Secretary, [email protected]
Jamie L. Shiverdecker .....................................699-4013
Director of LRS/Project Manager, [email protected]
Michelle R. Tucker............................................. 699-1397
CLE Program Coordinator, [email protected]
Cornerstone
Benefactor
LaDonna Wallace Smith.................................. 699-1392
Director of Community Service, [email protected]
$250
Supporting
$100
Monica O. Weber............................................... 699-1395
Marketing Designer, [email protected]
• Cornerstone
All Access Pass!
Attend all CBA social,
membership and CLE
events for free.
• Free admission to the
Annual Meeting, BenchBar Social and one
Brown Bag CLE.
• Be recognized! See
your name in print in
the CBA Report, in the
CBA Legal Directory
and on our website.
Andrew M. Wells................................................ 699-1409
Information Systems Manager, [email protected]
• Access to all supporting
level benefits.
Who insur
es you does
n’t matte
r.
Until it does
.
Professional
Financial
Liability
Liability
| Propert
| Crime
y
Strength
and Excep
|
| Fiducia
tional Claim
Chubb Group
ry | Workpl Auto | Workers
Compe
For a list of of Insurance Companie
Service
ace Violenc
these subsidiarie
s ("Chubb"
e | Travel nsation | Employ
) is the marketing
s, please
Accident
ment Practice
visit our website
| Group
s
at www.chubname used to refer
©2014 Chubb
Personal
to the insurance
b.com. Actual
& Son, a
Excess
division of
coverage
subsidiarie
Federal Insurance
is subject
s of The Chubb
to the language
Company.
Corporatio
of the
Chubb, Box
n.
1615, Warren,policies as issued.
NJ 07061-16
15.
(513) 3818213
www.cin
cybar.or
g
Management
iation
R.G. McGr
Michael S. aw Agency, Inc.
324 E. FourtMcGraw, CIC
Cincinnati, h Street
OH 45202
513-381-7881
rgmcgrawin
surance.com
“Serving
the
Legal CommCincinnati
since 1955” unity
nati B
ar Ass
oc
Order Your
2014-2015
Legal
Directory
Today!
Cincin
**The Cornerstone All Access Pass excludes the All Ohio Annual Institute on Intellectual Property,
Cincinnati Academy of Leadership for Lawyers (CALL), Estate Planning & Drafting Series,
Midwest Regional Bankruptcy Seminar, Trial Advocacy Institute and self-study CLEs.
Amy K. Zerhusen...............................................699-4014
Accounting Administrator, [email protected]
directo
ry
• Receive special
designation at our
Annual Meeting.
Your support enables us to promote professional excellence, foster justice, serve our
members and educate the public. Become a sustaining member at www.CincyBar.org.
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Angela R. DeMoss..............................................699-4010
CLE Assistant, [email protected]
Marilyn C. Marks................................................ 699-1396
In addition to your membership, support the CBA by becoming
a Sustaining Member and gain access to exclusive benefits.
• Access to all benefactor
and supporting level
benefits.
Kate B. Christoff-Scheetz..............................699-4015
CLE Administrator, [email protected]
Dawn Landers.....................................................699-4012
New Ways to
Support the CBA
$1,000+
CBA & CBF Staff Directory
20142015
2014-2015
Directo
ry
Cover sponso
red
www.cbws.coby
m
Greg Tasson
e,
www.gregtas CBA Attorney Memb
sone.com
er
• 513-607-6400
Visit www.cincybar.org for details
This section features current news and events of interest to the local legal community.
News items may be submitted to [email protected].
legal community news
Session on Registered Land
The Cincinnati Bar Association hosted an information session with Hamilton County Recorder, Wayne
Coates on the abolishment of registered land. More
than 50 people were in attendance for this informative
program. More information on new processes regarding
registered land can be found at www.cincybar.org. The
abolishment and new processes are currently on hold
until October 3 pending further order of the Common
Pleas Court.
Check out the CBA’s website for the latest information.
CALL Accepting Applications for 2015
The CBA is accepting applications for the 2015 Cincinnati
Academy of Leadership for Lawyers (CALL). Developed in
1996, CALL is an innovative program that focuses on practical,
professional and ethical issues facing local attorneys. Sessions meet
January through May, and the program qualifies for a minimum of
20 CLE hours. Participants must have five years of legal experience
beyond law school.
More than 475 attorneys have participated since the program’s
inception. Here is what CALL graduates have said about the value of this program:
“By far the best program I have ever attended.”
“Through the CALL program, I was able to reconnect
with many of the ideals I embraced in law school.”
“I highly encourage all lawyers to participate in this program because
of its lasting effect on your outlook as an individual and a leader.”
Request an application today! For more information, contact Lisa McPherson at
(513) 699-1398 or [email protected].
Trust Account Guidance
Lawyers’ Trust Accounts: A Handbook on the Rules Governing
the Duties of Lawyers to Account for Client Funds
Single copy: $15; Five or more: $12 each
(plus tax, shipping and handling)
Thanks to the Cincinnati Bar Foundation.
To get your copy, visit the online store at
www.CincyBar.org
www.CincyBar.org BL AC - C BA
ROUND TABLE
The Black Lawyers Association –
Cincinnati Bar Association Presents
2014
F irst-Year
M inority Law
Student Reception
Each year the BLAC-CBA Round Table
honors first-year minority law school
students attending the Salmon P. Chase
College of Law and the University of
Cincinnati College of Law to the Greater
Cincinnati legal community. All area attorneys, associates, recruiters, law clerks
and Summer Work Experience in Law
(SWEL) students are invited to attend
this reception.
November 12, 2014
5 – 6:30 p.m.
Cincinnati Bar Association
225 E. Sixth Street, 2nd Floor
Cincinnati, OH 45202
Complimentary hors d’oeuvres and
refreshments will be served.
RSVP by November 7 at
www.cincybar.org.
For more information, please contact
LaDonna Wallace Smith at
[email protected] or (513) 699-1392.
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member/firm news
If you are a Cincinnati Bar Association member and you’ve moved, been promoted, hired an associate, taken on a partner,
received a promotion or award, or have other news to share, we’d like to hear from you. News of CLE presentations and
political announcements are not accepted. Generally, the CBA Report will not print notices of honors determined by
other publications (e.g., Super Lawyers, Best Lawyers, etc.). Notices are printed at no cost, must be submitted in writing
(preferably by e-mail) and are subject to editing. We also request a current, high-resolution, directory-style photo. Items
are printed as space is available. News releases regarding lawyers who are not Cincinnati Bar Association members in good
standing will not be printed. We publish news about our members. Submit items to [email protected]. For
address changes, contact Andrew Wells at (513) 699-1409 or [email protected].
Dinsmore & Shohl’s
Nancy Lawson has been
named board chair of
the YWCA of Greater
Cincinnati. The Board
of Directors elected
Lawson to this position
at the annual meeting. The YWCA’s mission
Lawson
is to eliminate racism
and empower women. Lawson has been very
involved with the YWCA, even serving as
board chair from 1999 to 2001. Lawson is a
partner in the litigation department and an
arbitrator for the Cincinnati Bar Association
Arbitration Services. She also currently serves
on the board of Leadership Cincinnati U.S.A.
Alumni and is co-chair of the arts committee. Lawson has previously served as board
chair for Ronald McDonald House, Legal Aid
Society of Greater Cincinnati, and Dress for
Success Cincinnati. She earned her J.D. from
the University of Toledo College of Law.
Judge Amy Searcy was
appointed to Hamilton
County’s Court of Common Pleas, Domestic
Relations Court in May
2014. Prior to her tenure
as Judge, Searcy was
director of the Hamilton County Board of
Searcy
Elections, Magistrate in
Hamilton County Municipal Court and a senior trial attorney in Hamilton County Public
Defenders Office. In addition to her judicial
and director experience, Judge Searcy has also
served as an adjunct professor at the College
of Mount St. Joseph. Judge Searcy has served
as a board member of Talbert House, has on
the Cincinnati Park Board advisory council
and the Cincinnati Citizens on Patrol, and is
a Hamilton County Great Parks volunteer.
Judge Searcy is a graduate of the Jo Ann Davidson Leadership Institute, Class of 2013 and
the Cincinnati Bar Association Academy of
Leadership for Lawyers, Class of 2006. Judge
Searcy is married and has two children and
five grandchildren.
Janaya Trotter
Bratton of Trotter Law
LLC was named one of
the Cincinnati Business
Courier’s 2014 40 Under
40 award recipients. The
program recognizes
Greater Cincinnati’s
next generation of young
Bratton
leaders and innovators — people who have already made a mark
professionally and in the community. Trotter
Bratton also was named a finalist for the
ninth annual ATHENA® Awards in Greater
Cincinnati. She serves on the board of directors for the Ohio Justice and Policy Center
and is the criminal justice chair for the
Greater Cincinnati Chapter of the National
Action Network.
David H. Lefton has
been elected to the
position of division vice
chair for the general
practice, solo and small
firm division of the
American Bar Association. The division represents more than 30,000
Lefton
members throughout
the United States, most of whom are in the
private practice of law. Lefton is an equity
partner in the law firm of Barron Peck Bennie
& Schlemmer, Co. L.P.A. He practices primarily in the area of estate planning, probate,
and trust administration. Frost Brown Todd
attorney Todd Bailey
has been promoted
to the rank of senior
clinical/professionally
licensed faculty in the
department of finance
at Miami University,
the highest level availBailey
able for a non-tenured
professor. He has taught at the university’s
Farmer School of Business since 2002 and
teaches intellectual property, e-commerce
and business ethics, including topics such as
the business manager as an ethical decisionmaker and the corporation as a social moral
agent. Bailey has also lectured in numerous
graduate classes at Xavier University, University of Michigan, University of Northern
Kentucky, University of Cincinnati and the
University of Louisville. He’s been a faculty
member of the National Institute of Trial
Advocacy for fifteen years.
Correction
In our September issue, we erroneously
referred to Allison Kropp as partner with
Dinsmore & Shohl. She currently serves
as of counsel with the firm.
Legal information, services, and education
1000 Main Street, 6th floor, Cincinnati, OH 45202
513.946.5300
http://www.hamilton-co.org/cinlawlib
l
member/firm news
Welcome New Members
The CBA Board of Trustees has approved the following for membership:
Attorney
Lori A. Anthony
Ohio Attorney General’s Office
Daniel C. Morgenstern
Vorys Sater Seymour and Pease LLP
Daniel John Brown
General Cable Corporation
John C. Ravasio
SORTA/ Metro
Calvin D. Buford
Dinsmore & Shohl LLP
Gregory Parker Rogers
Taft Stettinius & Hollister LLP
John E. Christopher
Manley Burke LPA
Henry E. Sheldon III
Margaret Walker Comey
Squire Patton Boggs (US) LLP
Robert J. Thumann
Crehan & Thumann LLC
James Michael Cooney
Manley Burke LPA
Sarah E. Swisher
Dennis L. Trammell
Matthew Fitzsimmons
Emily M. Glatfelter
US Attorney’s Office, SD of Ohio
Nicole R. Hodge
The Law Office of Nicole Hodge
Daniel A. Kruse
Hon. Tyrone K. Yates
Hamilton County Municipal Court
Affiliate
Nancy Crabbe
Maureen Callinan
Nicholas B. Hargett
Cooperative Business Services, LLC
Columbus Bar
Interpreting
Services
In M emoriam
Charles A. Eckert II
June 8, 1932 - July 30, 2014
W. Smith Hammelrath
April 28, 1938 - July 10, 2014
Magistrate Martin E. McMullen
August 18, 1934 - July 30, 2014
Hon. Albert J. “Mike” Mestemaker
April 3, 1937 – September 4, 2014
William J. Reynolds
February 22, 1954 - August 3, 2014
Marcia G. Scacchetti
July 27, 1959 - July 15, 2014
Samuel S. Wilson
August 11, 1924 - June 25, 2014
In addition to the above decedents,
the CBA is also seeking memorials for
the following: Norbert Bunke, Vincent
Dimasi, Thomas F. Payne, Dominic F.
Perrino, John P. “Jack” Scahill, Shanda
Spurlock, and Mark Weber. Please
contact Kathy Schmidt at kmschmidt@
cincybar.org or 699-1390 if you would
like to submit a memorial.
Columbus Bar Interpreting Services is a resource for
attorneys, courts and other law-related agencies to access
professional, dependable interpreting and translation
services. For more information, contact Shirley Coressel:
8 [email protected] ( 614/340.2031
Your source for certified court interpreters
Get a Piece of the Pie
Join LRS and Get Your Piece of…
With just one case,
you can more than make up
your initial investment!
Join other local attorneys who count
on the Lawyer Referral Service to
achieve their goals.
• 13,000 referrals made to panelists each year
• $1.6 million in fees were reported to LRS in 2013
• Online advertising on the LRS blog, Google AdWords and by search engine
optimization increase the amount of referrals received each year
Lawyer Referral Service
www.CincyBar.org • Metro, movie theater and yellow page advertising purchased to help support the
Lawyer Referral Service
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memorials
This section honors the lives of deceased members of the local bar. For more information about this service,
please contact Kathy Schmidt at (513) 699-1390 or [email protected].
Samuel S. Wilson
1924 – 2014
Samuel S. Wilson passed away on June 25, 2014, at the age of 89. Born in 1924 in
Cincinnati, he was the son of Elizabeth Wilson and Russell Wilson, the mayor of Cincinnati from 1930 until 1938.
After graduating from Princeton University in 1947, my father worked at the
Cincinnati Times-Star, and his last two positions were Washington correspondent and
associate editor of the editorial page. Laid off in 1958 when the Cincinnati Post bought
the Times-Star, he then enrolled in the University of Cincinnati College of Law, where
he was editor-in-chief of the law review. After a brief stint in private practice, he joined
the UC Law School faculty in 1965. Named associate dean during his second year,
he had two stints as acting dean before serving as dean from 1974 through 1978. His
principal accomplishment as dean was securing the financing for the construction of
the school’s current building. My father was interested in many areas of the law, and
he taught civil procedure, Constitutional law, state and local taxation, legal drafting,
professional responsibility, federal jurisdiction, conflicts of law, property, land finance,
wills, public employees labor law, mass communications law, trusts and future interests, and real estate transactions. He retired in 1993.
My father served on the charter committee, the supervisory commission of Cincinnati-Hamilton County Criminal Justice Regional Planning Unit (as its chair), and the
Cincinnati City Manager’s Task Force on Community Correctional Institution (aka the
Workhouse). He was also on the boards of the Legal Aid Society of Cincinnati (as its
president), Walnut Hills High School Parents Association (as its president), the Cincinnati Bar Association Foundation (as its vice president), Housing Opportunities Made
Equal, and Knox Presbyterian Church. In 1970 he successfully represented the plaintiffs in the Clifton Meadows pool desegregation case in an appeal of a procedural issue
before the Sixth Circuit.
My dad played “Judge Paul Trevor” on WCPO’s juvenile court beginning in 1975.
The program quickly became the top-rated show at 7:30 on Wednesday evenings, a
ranking it held for five years. The scripts were developed in collaboration with the
Hamilton County Juvenile Court. His name never appeared in the credits and most
fans thought he was a real judge. He couldn’t go anywhere in Cincinnati without being
recognized, which didn’t stop when the show was cancelled in 1983.
My father received the Distinguished Alumni Award from the UC College of Law in
1994.
My dad was a bibliophile with a passion for books on the Civil War, World War II,
American legal history, naval warfare, sailing, photography, and baseball. He had an
encyclopedic knowledge of Reds’ rosters and seasons during the 30s and 40s and was
thrilled to be mentioned by Greg Rhodes and John Snyder in the acknowledgements to
their book Redleg Journal. He also had a sly sense of humor and loved puns and practical jokes. My father sailed for many years off Mount Desert Island in Maine. After he
retired, my parents traveled extensively, visiting places on five continents.
Besides my wife, Julie, and me, my father is survived by my mother and his wife of
nearly sixty-one years, Anne N. Wilson, my siblings Clare Richart (Brett), Eliza Kirkpatick (Richard), and Andrew Wilson (Susan), as well as twelve grandchildren and two
great-grandchildren.
W. Russell Wilson
l
For display and classified advertising rates for the CBA Report, contact Erin Emerson at (513) 699-4019 or [email protected].
CBA members receive a discounted rate!
Positions AVAILABLE
Office Space
Business Tax Attorney. Graydon
MONTH-TO-MONTH OFFICE SPACE
AVAILABLE at 810 Sycamore Street. Or,
Head & Ritchey, LLP, an 80+ attorney law firm
in Cincinnati, OH, seeks a highly motivated
attorney with business tax experience for our
Business and Finance Client Service Department. Preferably candidates should be licensed
in Ohio and/or Kentucky. Candidates must
demonstrate high intellectual capacity, excellent analytical, writing, and communication
skills, and an interest in business development. We offer a competitive compensation
and attractive benefits package. Please reply in
confidence with your resume, law school transcript, and a cover letter to: Barbara Hopewell,
Chief Professional Development Officer and
Director of Human Resources, Graydon Head
& Ritchey, LLP, 1900 Fifth Third Center, 511
Walnut Street, Cincinnati, OH 45202, (Phone)
513-629-2858, (Fax) 513-651-3826, E-mail:
[email protected]
receive 6 months free rent, or 3 years free
parking, with a 3 year lease. Receptionist (M-F,
8-6 / Sat. 9-1), internet, cable, state-of-the-art
phone system, two (2) conference rooms on
each floor and large, fully equipped kitchen
with balcony. Please contact Kelly Farrish at
(513) 621-8700 or (513) 403-9699.
ANDERSON OFFICE SPACE AVAILABLE.
Convenient to Beechmont and 275, almost
2,000 square feet of furnished, fully equipped
space available for office sharing with one
existing attorney and assistant. Ideal for one
attorney with an assistant or for solo attorney.
Call Jamey Kurtzer, (513) 232-2600.
FIRST DISTRICT COURT OF APPEALS /
ASSISTANT COURT ADMINISTRATOR.
The First District Court of Appeals, located in
Cincinnati, Ohio, is seeking applications for
the position of Assistant Court Administrator. The duties of the Assistant Administrator
include:
1) Assisting the Court Administrator with
managing the daily operations of the court,
including ensuring the timely progression of
cases through the court.
2) Examining new appeals and evaluating the
court’s jurisdiction.
3) Drafting orders setting the dates for records
and briefs to be filed.
4) Tracking motions and performing legal
research for pending motions.
5) Identifying procedural issues in cases and
working with litigants to resolve them.
6) Answering questions for litigants and the
public about the court’s operations, the appellate process, the appellate rules and the local
rules.
Candidates must have a J.D., at least two years
of experience practicing law and be licensed
in Ohio. Knowledge of appellate procedures
and jurisdiction is helpful. Salary range is from
$80,000 to $90,000 depending on qualifications and experience.
Those interested in applying for the position
should submit a resume to Molly Leonard at:
The First District Court of Appeals, 230 E.
Ninth St., 12th Floor, Cincinnati, OH 45202.
Or by email to: [email protected].
org.
The deadline for submissions has been extended until October 17, 2014.
www.CincyBar.org classified ads
Month to Month: Executive
Office available in suburban law office,
convenient to Ronald Reagan Highway. Full
Service office including Internet and Lois Law
Connect. Alternative rental arrangements
available. Excellent opportunity for recently
admitted attorney desiring to build a law
practice. Call Steve Halper (513) 793-4400
NEW WEST CHESTER LOCATION.
OfficeKey, a shared office provider locally
owned and operated for 30 years, is moving to
a new West Chester location in October. The
office will be on the top floor of the brand new
building located at 9078 Union Centre Blvd.
Features include a staffed reception area, three
conference rooms, a training room, private
offices and a co-working space. Companies
subscribe to OfficeKey to establish an office
that is flexible and to take advantage of being
able to access your clients in five locations
across the city. Justin Myers, 513.721.0900,
OfficeKey.com
FOR LEASE
DOWNTOWN
STREET-LEVEL
RETAIL SPACE
4,069 SF Space
Price: $16.00/psf
225 E. 6th Street, Cincinnati, OH 45202
Property Highlights
• Downtown, street-level retail space 1.5 blocks from
Fountain Square FOR LEASE
• Excellent visibility along 6th Street between Main and
Sycamore
• High ceilings and large store-front windows allow for
great exposure
• Half a block from new Street Car stop on Main St.
• One block from P&G, Aronoff and Contemporary Art
Centers, Boca & Sotto and multiple residential buildings
• Cincinnati Bar Association drives thousands of visitors to
the building annually
• Lease includes 2 parking spaces
*Prefer non-restaurant use
221 E. Fourth St., 26th Floor
Cincinnati, OH 45202
For more information, contact:
Terry Ohnmeis
513.763.3059
[email protected]
Andrew Sellet
513.763.3053
[email protected]
T: 513.421.4884
F: 513.421.1215
cassidyturley.com/Cincinnati
Cassidy Turley Copyright 2013. The information contained herein was obtained from sources we consider reliable. We cannot be responsible, however, for errors, omissions, prior
sales, withdrawal from the market or change in price. Seller and broker make no representation as to the environmental condition of the property and recommend purchaser’s
independent investigation.
l
Non Profit
U.S. Postage Paid
Cincinnati, Ohio
Published by the Cincinnati Bar Association
The Cincinnati Bar Center
225 East Sixth Street, 2nd Floor
Permit No. 5415
CHANGE SERVICE REQUESTED
2014
Senior Counselors’
Luncheon
Friday, October 17 • Noon – 1:30 p.m.
Hilton Cincinnati Netherland Plaza, Hall of Mirrors, 35 West Fifth Street, Downtown Cincinnati
Please join us for this annual celebration honoring our members who have turned 75 or have been in practice for 50 years
2014 Inductees
Thomas Y. Allman
Maynard R. Johnson
Jay A. Rosenberg
William D. Baskett III
George E. Kearns
Frederick R. Schneider
Phyllis E. Brown
Robert D. Lemmink
Thomas S. Shore Jr.
Robert L. Bucciere
David S. Mann
Alan L. Sirkin
Robert B. Cash
Martin P. McConnell
Donald L. Stepner
Richard A. Castellini
Orville J. Miller
John S. Stith*
John W. Eilers
Hon. Norbert A. Nadel
Stuart G. Summers
William K. Engeman
Richard L. Norton
David W. Warner
Gerald H. Greene
Hon. John P. O’Connor
Barbara R. Wiethe
Edward Jack Hanessian
David Winchester Peck
*Past President
Watch for your invitation in the mail or visit www.CincyBar.org to
register. Questions? Contact LaDonna Wallace Smith at (513) 699-1392 or [email protected].
Gold
Silver
Thank you to our sponsors

Publication - Cincinnati Bar Association

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