Publication - Cincinnati Bar Association

Transcription

CBA
Report
Febr u a r y 2 014
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Lawsuits Could Deny
PPACA Subsidies
An Introvert’s Dilemma
Cincinnati’s
One Stop Center
Young Lawyers Section
YLS Community Service
C hallenge
Now through April 4, 2014
Rise to the Challenge. Our Community Needs You.
Are you ready for some friendly competition? The YLS Community Service Committee is calling all young lawyers to participate in a
community service challenge to give back to our community. We know that individually, attorneys rise to the challenge of serving the
community on a daily basis. So we thought, why not give back corporately. Participate as an individual or firm, and join your fellow
lawyers in service opportunities now until April 4, 2014. Participants will be featured in quarterly e-newsletter spotlights and will
be invited to attend a recognition luncheon. The firm and individual with the most participation will receive recognition in the CBA
Report and will be honored at the YLS Annual Meeting in April 2014.
Rise to the challenge and join us. Your participation is needed in our community.
How to Participate
Categories
Winners and Recognition
1. Download your YLS
Community Service
Challenge flyer: Visit the CBA
website at www.CincyBar.org and
download the YLS Community
Service Challenge Flyer.
Firms and Organizations: The firm
and organization category consists of
participants with 10 or more attorneys
and legal staff working together as
a group to represent a particular
organization.
• The firm with the most participation
2. Announce Your
Participation: Announce to
your friends and colleagues your
participation in the challenge.
Encourage them to join you
individually or as a firm or
organization.
Individuals: The individual category
consists of participation by individual
attorneys and legal staff.
• All participants will be invited to
Event Registration
• One individual or group may be
3. Get to Work: Review the list
of upcoming community service
activities, choose which activities
you’d like to participate in and start
volunteering.
4. Track Your Work: Use the
challenge sheet to track which
events you participate in. Challenge
sheets may be handed in monthly
for tabulation.
Registration for CBA events should be
made at www.CincyBar.org. Registration
for non-CBA events should be made
through the agency listed.
Please note that you can add your own
community service events to your list;
however, at least one of your events
between the time of August 1 and
April 4 has to be a CBA event.
and the individual with the most
participation will receive recognition
in the CBA Report and will be
honored at the YLS Annual Meeting
in April 2014.
attend a recognition lunch in April
2014
featured in each YLS E-Newsletter
Contact
For more information or to e-mail
your monthly challenge sheets, please
contact LaDonna Wallace Smith at
lwsmith@cincybar.org or (513) 6991392. If you have questions about the
challenge, you may also contact YLS
Community Service Co-Chairs Chris
Ryan at christophermryan47@gmail.
com or Angela Chang at achang@
childrenslawky.org.
Cincinnati Bar Association 2013-2014
Board of Trustees
Jean Geoppinger McCoy, President
John P. Tafaro, President-Elect
Eric K. Combs, Vice President
Douglas R. Dennis, Secretary
Chad S. Levin, Treasurer
Anthony E. Reiss, Immediate Past President
Jason E. Abeln
Erin Manahan Alkire
Edward J. Boll III
Hon. Ethna M. Cooper
Alison A. DeVilliers
Jodie Drees Ganote
William R. Graf
Jack B. Harrison
Joseph D. Heyd
David M. Lafkas
Dan Moore
Kelly Mulloy Myers
Laura S. Raines
R. Guy Taft
Christopher Andrew Wagner
Neal J. Weill
John Mark 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: communications@cincybar.org
Requests for advertising
information should be sent to:
Erin Emerson, Marketing Director
e-mail: elemerson@cincybar.org
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 1872, is an Ohio not-forprofit corporation, the members of which are
attorneys principally practicing in Hamilton
County, Ohio. Its mission is to maintain
the highest professional standards among
attorneys, to enhance the professional
competence of attorneys, to improve the
administration of justice, to serve the needs
of members, and to provide law-related
service and education to the public.
President’s Brief
Let’s Stay Focused On Taking Care of the Children
By Jean Geoppinger McCoy, President, Cincinnati Bar Association
Cover Article
Ignoring the News Media Can Have Serious
Repercussions for Clients
By Elliot Grossman
Feature Article
Lawsuits Could Deny PPACA Subsidies to Ohio Residents
By Kimberly Wilcoxon
On Second Thought
The Introvert’s Dilemma
By Bea V. Larsen
Feature Article
An Insider’s Take
By Michael A. Hirschfeld
In the Spotlight
Cincinnati’s One-Stop Center
By Nazly Mamedova
Balanced Living
Is it Time for a Health & Well Being Checkup?
By Tabitha Hochscheid
Tech Tip
Enhancing Your Brand
By Mary Lynn Wagner
19 BLAC-CBA Round Table
18 CBA Staff Directory
14 Cincinnati Bar Foundation
31 Classified Ads
17Committee Corner
20 Continuing Legal Eduction
22 CLE Seminar Calendar
18 Ethics Hotline
23 Legal Community News
27Member/Firm News
18 Member Services
16Young Lawyers Section
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February 2014 CBA REPORT 3
president’s brief
Let’s stay focused on
taking care of the children.
A
A
By Jean Geoppinger McCoy
s you know, last month I exhorted Ohio Representative John
Becker, who introduced a resolution in the Ohio Legislature urging the
U.S. House of Representatives to initiate impeachment proceedings against
Judge Black for his same-sex rulings in
Obergefell v. Kasich, to have faith in the
legal system and trust it to function as
our forefathers envisioned, to have the
patience to allow our judicial system to
work. This month, I’m asking you and
the public to do the same.
I have
watched with
great dismay,
over the past
three years,
while our
Juvenile Court
— which has
the distinction of being the National
Council of Juvenile and Family Court
Judges’ first Model Court, and which
judges and officials from across the world
have visited to observe — first became
embroiled in an election challenge, and
more recently has been caught in the
crossfire of accusations levied, suits filed
and town hall meetings held.
I read with sadness article after
article, Facebook post after Facebook
post, and comment after comment
about happenings at 800 Broadway.
When I received a telephone call several
months ago in which I was pressured
to take a politically-charged position
regarding the issues swirling around the
Court, on behalf of all 4,000 members
of the Cincinnati Bar Association, I was
disheartened. Then, this past Friday
morning, just as I was sitting down to
write my column for this issue of the
CBA Report, The Cincinnati Enquirer
reported breaking news, “Judge Tracie
Hunter indicted on felony charges.”
Shortly thereafter, the Ohio Supreme
Court, sua sponte, disqualified Judge
Hunter from acting as a judge during the
pendency of the indictment.
In an email to staff entitled “Thank
you and goodbye for now,” Judge Hunter
highlighted several of the changes she
has implemented in the Juvenile Court,
that — focus on serving the children and
families in the Hamilton County Juvenile
Court system, who have borne the brunt
of the events of the past several years.
As their website states, “Over the past
100 years, Hamilton County Juvenile
Court has maintained a reputation for
innovation and community partnership, making a difference in the lives of
children and families. Strong leadership,
solid partnership with the community
and a willingness to embrace new ideas
and technology will ensure the continuation of this long
tradition of
excellence into
the next millennium.”
Whether
you are one of
the many who
believe that Judge Hunter has been living on borrowed time, or the many who
believe that the indictment was unjust
and politically motivated, the fact remains that the wheels of the judicial and
disciplinary systems have been set in motion and Judge Hunter is innocent until
proven guilty. God, the prosecution and
Judge Hunter willing, this matter will
be brought to a swift, fair and impartial
conclusion, so that the Court, in partnership with the community, can go about
its important work free of the many
distractions that have been plaguing it.
Meanwhile, let’s stay focused on taking care of the children.
I would like to suggest that it is time to set politics
aside and focus on serving the children and families
in the Hamilton County Juvenile Court system.
l
noted her laudable “goal to uphold and
protect the constitutional rights of all
those appearing in [her] courtroom,” and
proclaimed that she “remain[s] forever
committed to serving the children and
families of Hamilton County.”
I spent the weekend mulling over
the wisdom of tackling this topic. I
read another article or two, several
more Facebook posts (a couple of which
showed uncharacteristic restraint), and
a slew of related comments. This morning I watched a YouTube video “call to
action” for a march in support of Judge
Hunter that invokes and “remembers the
work and legacy of [the] Rev. Dr. Martin
Luther King, Jr.”
At the risk of being accused of joining
the fray, I would like to suggest that it is
time to set politics aside and do exactly
Geoppinger McCoy is the 2013-2014 president of the
Cincinnati Bar Association.
4 February 2014 CBA REPORT www.CincyBar.org
cover article
Ignoring the News Media
Can Have Serious Repercussions for Clients
C
C
all this column “A Tale of Two
Lawyers.” One lawyer almost
always answers questions from
news reporters about his cases. The other
one almost never does.
What is especially interesting about
this tale is that these two men are
partners — the only partners — in a
Pennsylvania law firm.
As a news reporter, I wrote about
the cases of these two fine lawyers, John
Waldron and James Huber. And I understand their vastly different approaches to
publicity.
I also know which one I’d prefer to
represent me: the one who responded
when reporters had questions. In fact,
I’d prefer to be represented by a lawyer
who actively sought publicity when that
publicity would advance my interests.
Here’s why: When a client faces a
serious legal threat, the outcome of the
court case certainly is crucial. But something else is important as well: the ability
of the client to effectively function in
society after the case is completed.
If that client’s reputation is so damaged that the client can no longer operate
in the business world or engage in social
activities because he or she is shunned
by customers, colleagues and friends,
then any positive outcome of the case is
diminished. And if the client’s lawyer
could have done something to protect the
client’s reputation and did nothing, it is
difficult to understand how that lawyer
has effectively represented the client.
As a reporter, I had many instances
when lawyers would answer “no comment” to my questions. And I almost
www.CincyBar.org By Elliot Grossman
always wondered how such a reply
made sense. A “no comment” can make
it appear that the lawyer or client had
something to hide. It does nothing to
help the public understand the case nor
does it help to protect the clients’ reputation.
Even worse are the situations when
TV videographers chase defendants
on streets outside courthouses because
neither the defendant nor the lawyer took
a moment to talk to them. Running away
from the media gives the wrong impression as well.
That’s also the view of Mr.Waldron,
who represents criminal defendants, and
often answers reporter’s questions. He is
concerned that silence implies the defendant did something wrong.
His partner, Mr. Huber, who handles
personal injury and commercial litigation, is more concerned that, once he
makes a comment, he loses control over
how that comment is used. He doesn’t
believe it’s worth the risk to his client to
answer reporters’ questions.
Some lawyers assert that legal ethics
prohibit them from commenting. But in
Ohio and Pennsylvania, that’s not what
the Rules of Professional Conduct say.
Rule 3.6, which is known as “Trial Publicity” and is almost identical in the two
states, does limit a lawyer’s statements
to the media about pending cases and
investigations, but it also gives lawyers
leeway to make comments to the media.
Instead of declining to comment,
here are some steps a lawyer can take
after getting the client’s consent:
Quote from your legal briefs. Citing information in public records and
providing the records to the media is
allowed by the rules.
Have a written statement or news
release prepared ahead of time, especially
if it’s obvious your case will draw news
attention. That statement should be designed to send a pre-determined message
about your case and your client.
Do not immediately respond to a reporter’s questions when one calls on the
phone. Instead, ask about the nature of
the reporter’s questions and the reporter’s deadline. Then, think about what you
want to say and reply on time.
Contact a public relations professional for advice. A seasoned professional can
offer guidance to minimize the chances
of being misquoted, misunderstood or
taken out of context, and can help craft
an effective message.
Reporters have ethical guidelines,
too. For them, one of the most important
guidelines is to seek the other side of the
story. Most reporters just want to comply
with that guideline and will go away once
you provide them with something that
shows they’ve tried to get your side of
the story. Even a simple written statement is enough to satisfy most reporters,
whether it’s emailed, read on the phone
or said on camera.
Grossman is president of Ashire Communications, a
Cincinnati area firm that provides public relations
and marketing communications services to law firms
and nonprofits. He worked as a journalist for 25
years, including at the Cincinnati Enquirer. His firm’s
web address is www.ashire.net. He can be reached at
egrossman@ashire.net and (513) 240-9801.
l
feature article
Lawsuits Could Deny PPACA
Subsidies to Ohio Residents
Ed. Note: This is the twelfth in a series of articles that will be published in the CBA Report over the next several
months related to the implementation of the Patient Protection and Affordable Care Act (“PPACA”). This information was submitted for publication on January 2, 2014. It does not reflect guidance issued on or after this date.
D
D
rafting error or carrot? That is
the question posed by a number
of lawsuits that are challenging
the IRS’s authority to provide subsidies
under PPACA.
Section 1401 of PPACA creates new
Internal Revenue Code Section 36B,
which provides eligible taxpayers with a
subsidy to help them pay for an insurance policy obtained through a PPACA
exchange (also known as a “marketplace”). The IRS reads Section 1401 to
apply to all PPACA exchanges – but not
everyone agrees.
The controversy centers around
language in Section 1401, which makes
the subsidy available with respect to
insurance policies “enrolled in through
an Exchange established by the State
under 1311 of the Patient Protection and
Affordable Care Act.”
The reference to Section 1311 and
use of the term “established by the State”
raises a question: Is the subsidy available to taxpayers who enroll through
an exchange that was established by the
federal government?
While PPACA provided for insurance exchanges to be established for each
state, Congress could not require states
to establish their own exchanges. PPACA
therefore provided incentives for states to
establish their own exchanges and contained a fallback for states that chose not
to do so. PPACA Section 1321(c) provides
that the federal government will establish
and operate an exchange for any state
that does not elect to establish its own.
Although Section 1401 does not
refer to Section 1321(c), the IRS believes that the language of Section 1401
l
By Kimberly Wilcoxon
and other provisions of PPACA support an interpretation that the subsidy
should be available to taxpayers who
obtain coverage through any type of
PPACA exchange. The preamble to the
final regulations issued under Internal
Revenue Code Section 36B explains the
IRS position and includes an assertion
that “the relevant legislative history does
not demonstrate that Congress intended
to limit the premium tax credit to State
Exchanges.”
However, commentators and plaintiffs have argued that PPACA’s drafters
intentionally limited the subsidies to
taxpayers enrolled in state-established
exchanges. According to this position,
Congress intended to use the subsidies as
a carrot to encourage states to establish
their own exchanges.
If courts agree that subsidies are
available only for taxpayers who enroll
through state-established exchanges, the
result could significantly weaken PPACA.
To begin with, the subsidy would be
available only for residents of the District
of Columbia and the 16 states that have
established their own exchanges. For
example, residents of Ohio and Indiana
would be ineligible for the subsidies,
but residents of Kentucky would remain
eligible.
Residents who are ineligible for a
subsidy may decide that it makes more
economic sense to forgo insurance and
pay the (currently) relatively small tax
penalty. Such a result would directly conflict with Congress’ desire to increase the
number of insured individuals and could
result in further increased costs if only
the sick obtain health insurance.
In addition, the result could impact whether and how employers offer
coverage to their employees. Beginning
in 2015, the “pay or play” penalty will
apply to employers when a full-time employee becomes eligible for the subsidy.
If employees living in state-established
exchange states are the only ones who
could be eligible for the subsidy, those
employees would be the only ones who
could trigger the pay or play penalty.
Under the rules as currently issued,
employers who want to avoid the penalty
must offer a sufficient level of affordable coverage to all full-time employees.
Many employers have struggled to identify their full-time employees and will
need to decide whether to extend coverage, enhance coverage, and/or reduce
the cost of coverage in order to avoid the
penalty. If employers know that the penalty will be triggered only by employees
in state-established exchange states, they
may not be as willing to extend coverage
to residents of other states.
For example, assume that an employer who employs residents of Ohio and
Kentucky currently offers health coverage to all employees who are regularly
scheduled to work at least 40 hours per
week. In order to avoid a penalty under
current rules, the employer will need to
extend coverage to all employees who
actually work an average of at least 30
hours per week (i.e., “full-time” under
PPACA).
If courts determine that subsidies are
available only for eligible taxpayers who
enroll in state-established exchanges,
the employer would not be subject to a
penalty if it continued to exclude Ohio
feature article
residents who are regularly scheduled to
work fewer than 40 hours per week.
The lawsuits are still in early stages,
but they are worth watching. Keep an
eye on Halbig v. Sebelius (D.D.C.), Pruitt
v. Sebelius (E.D. Okla.), King v. Sebelius
(E.D. Va.) and Indiana v. IRS (S.D. Ind.).
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.
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.
Photo: Beebo Photography
Encourage your clients to bring hope where there is despair,
love where there is loneliness and faith where there is emptiness.
To learn more about legacy gift opportunities with
The Society of St. Vincent de Paul contact Kate Farinacci,
Relationship Manager, at 513-562-8841 ext. 259.
We ARE Mediation
Todd Bailey
Bob Kaiser
Bea Larsen
Jerry Lawson
Lori Ross
Mike Kaufman
call to discuss your referral
(513) 721-4466
cfrdmediation.com
Todd Bailey, Bea Larsen, Jerry Lawson, Bob Kaiser, Mike Kaufman, Lori Ross
www.CincyBar.org l
on second thought
The Introvert’s Dilemma
PP
By Bea V. Larsen
icture this David Sipress cartoon:
two couples meet on a street corner. One of the men has placed his
hands over his eyes. His female companion says: It’s too late, Roger … they’ve seen
us.
This image has me chuckling each
time I think about it. It brings to mind
how I felt upon moving to Cincinnati
in the late 1950s, relocating from New
York City when
Len completed
graduate studies
at Columbia.
At times, what I loved most about
life in that bustling metropolis was being anonymous. When I went out of my
immediate neighborhood to shop or just
meander, I was almost certain to meet no
one I knew. Already a wife and mother,
when I had time to myself, I wanted no
intrusion into that private world in which
I could be one of the many, but solitary
and unobserved.
True, once settled in our new community I enjoyed becoming known,
chatting with other parents as we strolled
with our babies, or when dropping
a youngster off at school. But when I
ventured out alone to the grocery, or
was able to escape downtown to shop,
if I caught a glimpse of someone I knew
(as often seemed to happen), I wanted
to hide and sometimes did. I yearned to
recapture my treasured anonymity.
Even in my twenties I was well aware
of these feelings, so now if I wish I could
disappear from view to avoid an unexpected meeting with an acquaintance,
or opt out of a social meet and greet, I
know it’s not simply a factor of growing
older. Some suggest it is the mark of the
introvert. Initially I found this hard to
accept for I’m not an unfriendly sort or
indifferent to the world about me. Nothing satisfies me more than a leisurely
conversation with someone I’m close to,
or fully engaging with people at work.
Friends and family offered their
analysis of my wish to avoid the social
whirl.
World That Can’t Stop Talking is that
the myth of the extrovert ideal (talkative,
gregarious, outgoing) has dominated in
the West since the early 20th Century
when our culture was transformed from
a culture of character to a culture of
celebrity. She asserts that because the
extrovert personality is seen as the most
advantageous, the traits and capabilities of introverts are misunderstood and
undervalued, even
confused with shyness,
the fear of social judgment, which it is not.
Her own story of why she initially chose
but then left her professional life on Wall
Street, is a fascinating one.
The thesis of this book and the evidence cited may be meaningful for others
who feel the way I do, always seeking to
evade the requisite cordiality of the social
chat, wishing to completely control our
own time.
I also know well that for many, the
balancing point of this push-pull of
yearning for both human connection
and autonomy is quite different. For
them, the extroverts, I imagine even a
chance encounter is seen as an opening
to unknown and welcome possibilities, is
energizing.
Yet, all too often for those of us who
are introverts, the unplanned meeting
or the mandated social gathering finds
us bemoaning the fact that: it’s too late,
Roger, they’ve seen us.
I yearned to recapture my treasured anonymity.
l
Said my daughter: Rarely does a brief
chance meeting result in a conversation
worth having. Just a how are you, fine,
what’s new with you, in a hurry, so must
dash. Mom, you just have no tolerance for
being bored.
True.
Said my son: You are addicted to
the work you love to do, so you want to
complete those other tasks life requires
without distraction, so you can return to
what you’d rather be doing.
True.
Said my friend Bob: You take responsibility for helping to solve the problems
of those who share their plight with you.
By avoiding them, you avoid being pulled
into their world, a self-protective move.
Perhaps true.
But now, at long last, I’ve been given
a well-researched and definitive explanation. According to a Susan Cain, a
former Wall Street lawyer, who is now an
acclaimed author, as many as one third
or more of our entire population are introverts. The premise of her recent book:
Quiet: The Power of Introversion in a
Larsen is a senior mediator at the Center for
Resolution of Disputes. She received the 2007 John
P. Kiely Professionalism Award from the CBA, and
also served as CBA president in 1986-87. Her weekly
commentaries can be viewed at www.bealarsen.com.
feature article
An Insider’s Take
II
was somewhat taken aback when I
received a letter this summer from
U. S. District Court Judges Sandra
Beckwith and Timothy Black asking if
I would be interested in participating
in “Beyond Civility: Communication
for Effective Governance.” Although
I believed I had exhibited appropriate
professionalism and civility as a practicing attorney for more than 37 years, my
initial reaction was that it must be some
form of an intervention. Their letter went
on to explain that it was really a series of
three separate workshops with a diverse
participant group. The focus was on
improving civil discourse in our community and beyond to address the problems
of increasing political polarization and
gridlock. Never one to refuse the request
of a federal judge (much less two I respect highly), I responded affirmatively
and marked my calendar for the meeting
dates, not really sure what adventures
may lay ahead.
In late September I received a warm
welcoming letter and, packet from the
judges and Sean Comer, the Beyond
Civility project manager, providing a list
of the 16 other participants along with
a confidential “framing style inventory”
to be completed and returned prior to
the first session, to determine the beliefs
I hold about interpersonal relationships
and communications. After completing
and analyzing the inventory, it became
clear to me that perhaps I wasn’t as understanding of my own style as I thought,
and that there could be some interesting
lessons for me to learn.
Our initial workshop was held on a
beautiful Friday morning in October at
www.CincyBar.org By Michael A. Hirschfeld
the downtown branch of the Cincinnati
Public Library. We were greeted by the
project planners, mediator and former
CBA President Bea Larsen and former
Federal Court Mediator Robert Rack,
who were the originators and key drivers
of the concept. Our class, the third so
held, was composed of lawyers, judges,
elected officials, government relations
executives and consultants, as well as
members of the media and for-profit
and nonprofit organizations. It was an
incredibly diverse group in terms of
backgrounds, political affiliations and
leanings. As we introduced ourselves,
I was secretly thinking of the fun (and
challenges) this might present. Through
the course of the three workshops spread
across over just one month, we had the
opportunity to learn more about each
participant as a person — their background, and the environment and people
Back-to-Back CLE Series: Understanding Your Ideological Opposite
A collaboration of Beyond Civility and the Cincinnati Bar Associaton
Death Penalty Issues
Hear Hamilton County Prosecutor Joe Deters
and Ohio Justice & Policy Center Director
David Singleton argue the other side’s
position on controversial death penalty issues.
Tuesday, February 11, 2014
5:30 to 6:30 p.m. Registration & Light Refreshments
6:30 to 8 p.m. Program
1.5 Hours CLE Credit
Location
St. John’s Unitarian Universalist Church
320 Resor Ave.
Cincinnati, OH 45220
Pre-registration required at (513) 699-4028 or
at cincybar.org.
l
feature article
who played important roles in shaping their views and outlook. Learning
more about each individual provided
fascinating insights, dispelling initial
impressions and stereotypes, and significantly changing my perspective. Led by
our facilitators, Sherri Goren Slovin, a
Cincinnati lawyer, mediator and conflict
resolution trainer, as well as professors
Gail Fairhurst and Heather Zoller of the
University of Cincinnati, we also learned
various tools and techniques to encourage more active listening, to recognize
those social triggers that generate certain
responses in both the speaker and listener, to develop a repertoire for reframing
the conversation, to enter into dialog that
both maintains one’s own values but allows others the space to hold their values
and positions, to enter into appropriate
discussion and civil engagement, and to
problem solve when differing values are
present.
The final workshop was held at the
Cincinnati Bar Association offices and
concluded with a wine and cheese reception including the convening judges,
planners, steering committee members,
present and past participants of the Beyond Civility workshops, and benefactors
of the project including representatives
from the Cincinnati Bar Foundation
and the Seasongood Good Government
Foundation.
The goals of the Beyond Civility
project — to elevate public discourse
and problem solving by connecting
those who may be in a position to best
model and influence appropriate communication and problem solving skills
and behaviors in a productive manner — became clearer as the workshops
progressed. It was fascinating to hear
personal stories of the difficult communication situations participants
personally had experienced, and their
efforts to handle them, both successfully
and unsuccessfully, were tremendous
learning opportunities. Particularly
powerful were the discussions among
political leaders who acknowledged their
public and private discussions are often
approached very differently, given the
media’s need for a quick “sound bite,” as
opposed to nuanced explanations.
In addition to the workshops, other
initiatives of the Beyond Civility proj-
l
ect include the “Side-by-Side” series
in which local political figures from
different parties share memories of early
experiences that influenced their current
thinking and positions, and the “Backto-Back” discussions of current issues in
which partisan advocates are challenged
to present convincingly the opposite
side’s point of view until the other side
concedes “I couldn’t have said it better myself.” Both series are open to the
public and well worth attending.
I’ve attempted to adopt the tools and
strategies learned during the workshops
in my professional and personal life, and
have found them to be useful in avoiding
stereotyping, hasty judgments, unfounded assumptions and my own biases. As a
result, I hope I’ve become a better listener
and problem solver, able to “drill down”
on what others are really saying (and
feeling), as well as better able to understand how my own circumstances may
color my interpretation of others’ expressions and emotions.
A recent poll conducted by AP-GfK
found that Americans are suspicious of
each other in everyday encounters, and
less than one-third of Americans believe
most people can be trusted, a continuing decline from prior polls. The Beyond
Civility project attempts, one participant
at a time, to rebuild the “social trust”
necessary to facilitate communications,
open dialogue and compromise, in which
people are willing to work for the common good with those who are different
from them. The project’s goal is that this
level of honest and open discourse can
flow throughout our community and beyond, particularly as our society appears
increasingly fragmented and divided.
The Beyond Civility project provides
solutions to bridge those gaps and allow
us to engage constructively in controversial topics. We lawyers owe it to those we
serve to strive to achieve those goals.
Hirschfeld is a partner at Graydon Head & Ritchey
LLP.
Keith A. Hock, CPA, CFF, MAFF, CVA
Director, Financial Advisory Services
312 Walnut Street
Suite 1600
khock@gbq.com
513.252.0223
www.gbqconsulting.com
in the spotlight
Cincinnati’s One-Stop Center
TT
By Nazly Mamedova
he CBA’s Community Service
Committee recently visited CityLink, a center “where individuals
go to one place, get surrounded by one
team, and find an integrated, holistic
path to break free from poverty and get
to a place of self-sustainability and hope.”
CityLink provides a bundle of services
to Cincinnati’s low income community.
Its model is to have as many support
services as possible in one place because
they are “much more effective when they
work together.” CityLink is a non-profit,
which celebrated its grand opening only
two years
ago.
However,
it has
already
successfully
impacted lives of Cincinnatians. CityLink is a “one-stop” center that has
serviced more than 700 people by providing them full support in every aspect
of their lives.
The Director of Programming, Dani
Watkins explained that there are several
eligibility requirements that include
age, poverty level, stable housing, stable
mental health, and no drug use. She also
emphasized that “some felonies or misdemeanors can be an issue as well.” After
meeting the eligibility requirement, CityLink clients go through orientation. “It
is important for us to help them to make
a decision if they want our help here,”
said Watkins. The orientation process is
where clients decide if CityLink is a prop-
er fit for them and set their future goals
and create a help plan. This is the start of
the fully integrated process of getting the
clients to the self-sustainability level and
out of poverty.
To achieve its goals, CityLink
partnered with several organizations
throughout the city. Organizations such
as SmartMoney Community Services,
Cincinnati Works’, Freestore Foodbank, 4C, St. Vincent de Paul, Catholic
Charities, Legal Aid and many others are
housed in the CityLink Center making
it truly a one-stop center. CityLink offers
stops towards the client’s economic selfsufficiency.
All this would not be possible without
donors. Like any non-profit organization that offers free services, CityLink
depends on monetary donations and
volunteers. Forty-four families from
Crossroads Community Church came
together and raised 48 million dollars to
start this project. Procter & Gamble Co.
and the Bengals are among CityLink’s
city wide supporters. Cincinnati’s legal
community provides its support as well.
Dinsmore & Shohl and Frost Brown
Todd provide
CityLink
with
financial
support,
Legal Aid
provides its services, and members from
Cincinnati’s legal community volunteer
their time to work with its clients. If
more CBA members are interested in
volunteering and helping our Cincinnati
community, please sign up for an orientation session at CityLink’s website www.
citylinkcenter.org.
This is the start of the fully integrated process of getting
the clients to the self-sustainability level and out of poverty.
www.CincyBar.org its clients support in education, financial
services, spiritual support, mentoring,
employment assistance, legal assistance,
transportation, child care, housing, and
health & wellness. CityLink’s new optical/vision facility, donated by Luxottica,
and its dental facility will soon service its
clients as well.
CityLink’s programs provide support to its clients, but in no way are they
designated to “babysit” the clients. For
example, the Changing Gears program
offers cars for an affordable price to the
clients. To be eligible for the affordable
transportation, clients must successfully
finish the program and have a job, an initial budget for down payment, as well as
future monthly payments. This program
is tailored to be one of the last CityLinks
Mamedova is a third year law student at Chase College
of Law and is a member of the YLS Community
Service Committee. For more information about
the Community Service Committee, please contact
LaDonna Wallace Smith at (513) 651-5118 or lwsmith@
cincybar.org
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balanced living
Is it Time for a Health & Well Being
Checkup?
II
t is the first Monday of 2014, snow is
on the ground, the temperatures are
below zero and I have bronchitis. Yet,
I type this while sitting in my office. I am
a lawyer and this is my life. I may take
off a few sick days here and there, but I
always come back to my office and work
when I probably should stay home. Being
self-employed tends to change ones priorities a bit. I work most Saturdays and
pull some late evenings too. I take one 7
to 10 day vacation a year and a few longer
weekends. My idea of downtime is a good
book and Sundays without work. Boy, do
I need a Health & Well Being checkup.
My challenge to others within the
legal community is to take a look at their
devotion to their job vs. their life. Here
are some ways to check up your own well
being…
Electronic overload is a real
phenomenon.
Connectivity, in fact, has a vicious
downside. Ask yourself these questions.
Are you able to turn off the cell phone
and disengage? Do you check your email
while lying in bed first thing in the
morning? Do you set aside a designated
time to respond to emails or do you let
them interfere with your work flow? I am
guilty of this. At one point I had clients
complaining if they didn’t receive an
email answer within 2 hours. When I assessed my own behavior I realized that I
was conditioning my clients to get quick
responses. So, I developed the 24 hour
rule. I would respond to emails within
twenty four hours. If no response was
received the client could then contact
me again. If the matter was urgent, I
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By Tabitha Hochscheid
asked the client to call or mark the email
accordingly. I also stopped automatically
syncing my email on my phone. I get up
in the morning and then, when ready, I
sync my messages. I control the flow that
way.
Are you too busy?
This is a common complaint most
lawyers have, “How am I supposed to
work out? I don’t have the time.” Make it
a priority. You learn to schedule yourself
work out time. I personally work out a
scheduled three days a week. If I have
work that I am in process of doing, I
drop it and come back after working out.
I have made this a priority. Check out
the Health & Well Being Committee Balanced Living Lecture “How to Make Fit
FIT” on the Health and Well Being Committee’s website for other tips on how to
integrate fitness into your life.
Are you in need of a diet
overhaul?
I love chocolate and am guilty of
feeding it to those around me. I have
moments where sugar is essential. I have
learned to have protein in my office since
protein is better for you when you are
under stress. Last year’s Balanced Living
Lecture series, “Eat to Live” may be a
good place to start if you are interested
and is available on the Health and Well
Being Committee’s website.
How do you manage the stress of
practicing law?
and customize them through the process
of trial and error. There is no checklist
that works for everyone. So how do you
manage? I personally use mindfulness
meditation, exercise and a good night’s
sleep and, of course, volunteering with
the CBA. I still have stress but what I
have learned is that it isn’t the event itself
that is stressful it is my reaction to the
event. Being resilient in light of life’s ups
and downs takes persistent vigilance
and patience with yourself and others.
This is the heart of mindfulness as was
discussed in our last recorded Balanced
Living lecture “Making your Moments
Count the Mindful Attorney.”
There are no steadfast rules for how
to manage your well-being. The Health
& Well Being Committee has introduced
topics and ideas which give you the tools
designed to help you get the right fit for
your personality and schedule. As 2014
gets underway, there is no better time
to assess your ratio of work to wellness
activities. There is no exact formula, but
you do need balance. Whatever your
situation, the choices are yours and the
Committee is here to provide more information through its 2014 Balanced Living
Lectures and this column.
Hochscheid is chair of the CBA’s Health & WellBeing Committee. She practices with Hochscheid &
Associates LLC. Her practice focuses on creditor’s
rights, commercial and bankruptcy litigation. She also
runs the blog “Balancing the Bar” at balancingthebar.
wordpress.com.
Checklist, suggestions, and ideas
abound. The problem is they really don’t
work unless you put them into practice
tech tip
Enhancing Your Brand
A
A
s a marketing and communications major, I am always
fascinated by how people share
information. One of today’s most interesting communication trends revolves
around the use of social media and the
sharing of images and video rather than
text-based content. The explosion of Pinterest has made it clear that the inclusion
of visual content is a critical piece to any
marketing strategy.
So, when you think about marketing
yourself and your abilities, what better
way to make yourself stand out from the
competition than to create a profile that
contains more visual media. LinkedIn allows users to do just this through Visual
Portfolio which was introduced last May.
Visual content such as photos, presentations and video can now be added to
your profile page. Currently, LinkedIn
allows the media to be added to the summary, work experience, and education
sections of your profile. To make changes
to your profile, click “Edit Profile” and
then click on the box with the plus sign
to add or delete images. At this point,
an unlimited number of images can be
added to your profile.
If you would like to try creating an
infographic out of your resume, there
are two sites that can help you with
this process: Visualize.me and Re.Vu.
Infographic resumes present your information to employers in a visual way
making it easy to scan your experience,
education and skills quickly. Both websites are free and will import information
from your LinkedIn account. Once your
information has been imported, it will
take some time to customize the format
www.CincyBar.org By Mary Lynn Wagner
and add any additional information.
However, the end result is a personalized website that can be shared through
social media and added to your LinkedIn
profile or your print resume.
I love the concept and the look, but
both sites are very limited on how the
information can be displayed. Of the
two sites, Re.Vu provides the user with
most flexibility in uploading files, creating custom links, and customizing the
background. Both sites provide decent
analytics and tools to help you promote
your profile.
A well developed web presence is also
an important piece of personal branding. In creating this presence, you may
want to consider a personal landing page.
Personal landing pages provide a place
where you can provide information about
yourself, samples of your work, and
consolidate all of your online information in one place. If you aren’t very techy,
a landing page will provide a beautiful
product without spending hours learning
html coding, which may be necessary for
a personal website.
There are numerous types of landing pages, but one of the better sites is
About.me. Founded in 2009, About.me
contains fairly standard profile layouts,
but the font, colors and background can
all be customized according to your
preferences. I created a page with one of
the standard backgrounds, added some
basics about myself and produced a nice
looking site in less than 15 minutes. A
basic listing is free and includes all of the
essential features for creating and maintaining your site. You will also be able to
access the analytics to see how often your
page is viewed. However, if you want to
upgrade from the free version [$48 per
year], you can have a custom domain
name, remove all of the About.me branding, add Google Analytics to the site, and
obtain priority customer support.
Another trend on the rise is the use
of Micro-Videos. Micro-Videos are short
videos [typically 15 seconds or less]
which can be taken with your phone and
uploaded to share with the world. Two of
the most popular programs are Twitter’s
Vine and Instagram’s Video Sharing
Feature. Vine allows for 6 seconds of
looping video while Instagram’s videos
are a bit longer at 15 seconds. Both sites
have Android and iPhone apps for viewing videos. However, uploading video is a
different story.
One way to upload videos from your
Apple device is through the Vinyet app
[$1.99 iTunes Store]. This app allows
you to upload videos to Vine or Instagram and will automatically shorten
the video accordingly. Another option
is VineClient which is an extension that
can be added to your Chrome browser.
This add-in is free and allows Android
and iOS users to upload videos to Vine
without using your smartphone. Instagram makes uploading video incredibly
easy and you can do it from the app on
your smartphone. After opening the app,
simply tap on the camera icon, choose
the photo or video you want to share,
and then send it to your followers or to
certain individuals.
Give some of these sites a try and let
me know if any of them work for you!
Wagner is the senior information research specialist at
American Financial Group.
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 rtmcphedran@cincybar.org.
Last chance to join the 100% Firm
Leadership Circle and be included in the
CBA Annual Meeting Program
Cincinnati Bar
Foundation
Law Firms that gives 100% for its attorneys or supplements individual contributions
to match by February 28, 2014 receive:
• Recognition in the CBA Report
• Recognition at the Foundation Donor Thank You Breakfast
CAMPAIGN
How does one give?
Donations can be made online at
www.cincybar.org
Or mailed to:
The Cincinnati Bar Foundation
225, East Sixth Street, 2nd Floor
CBF Accepting
Grant Applications
from Non-Profit
Organizations
The Cincinnati Bar Foundation
(CBF) announces its request for proposals for the Spring 2014 grant session. All
applications must be received by 5 p.m.,
Friday, February 28, 2014. To be considered, programs must demonstrate how
they meet the foundation’s mission of improving the community’s understanding
of and access to the law. Any non-profit
organization is welcomed and encouraged to submit a request for funding.
Preference is given to programs in need
of seed money rather than requests for
ongoing operating funds. Grants will be
awarded at the CBF’s Board of Trustees
meeting on April 7, 2014. To request an
application or for more information, contact Rene McPhedran, Director at (513)
784-9595 or go to www.cincybar.org
Created over fifty years ago by three
members of the Cincinnati Bar Association, the Cincinnati Bar Foundation
continues today to be the only lawrelated charity in Cincinnati dedicated
to promoting justice and changing lives
through the law
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• Recognition at the CBA Annual Meeting Luncheon
• Tax deduction
• Recognition as a 100% Firm Leadership Circle Donor and a listing on the CBF’s
donor wall
100% Leadership Circle Firms
Thanks to these firms for joining the 100% Leadership Circle of the
Investing for Justice Campaign in December
Baker & Hostetler LLP
Jeffrey S. Bakst & Associates
Burg Simpson Eldredge Hersh & Jardine PC
Delev & Associaties LLC
Goering & Goering LLC
Hochman & Plunkett
Kevin J. Hopper Co. LPA
Katz Teller Brant & Hild
Mann & Mann LLC
Musillo Unkenholt Immigration Law
Porter & Porter
Santen & Hughes
Wood & Lamping LLP
Become an Annual Advocate Member
This year, we ask members of the Cincinnati Bar Association 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 multiyear pledge (up to 5 years):
• Platinum - $1,000 annually ($5,000 pledge over 5 years)
• Gold - $500 annually ($2,500 pledge over 5 years)
• Silver - $250 annually ($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.
Thanks to those joining the Annual Advocate’s Circle in December
Platinum Circle:
Hon. Nathaniel R. Jones
Gold Circle:
Robert W. Buechner
Daniel J. Hoffheimer
Doloris F. Learmonth
Sara S. Rorer
Dr. Frank C. Woodside, III
Silver Circle:
Christopher A. Benintendi
James H. Coogan
J. Michael Cooney
Stephen M. Goodson
Thomas D. Heekin
Janet L. Houston
Richard T. La Jeunesse
Wijdan Jreisat
Thomas A. Luebbers
Jonathan A. Mason
John S. Norwine
John B. Pinney
Robert C. Porter
Robert E. Rich
Charles M. Roesch
Dale A. Stalf
John S. Stith
Mark A. VanderLaan
Martin M. Young
Memorial & Honor Gifts
The Cincinnati Bar Foundation gratefully acknowledges the following gifts:
In Memory of
Leo J. Breslin
James C. Frooman
James L. Elder
Henry E. Menninger, Jr.
John (Jack) L. Evans, Jr.
C. Watson Hover
Catherine H. Lippert
Kenneth D. Jameson
Thaddeus Driscoll
Ferdinand H. Kleinhaus, Jr.
Joseph P. Mellen
Stephen E. Kurlansky
Hon. Ralph Winkler
Robert S. Marriott
Daniel H. McKinney
Robert C. Porter
Leslie A. Meek
Martha H. Perin
Catherine H. Lippert
Timothy J. Quinn
Thomas D. Heekin
Timothy J. Hurley
Gerald J. Rapien
Philip B. Schworer, MD
Ralph P. Ginocchio
Income strategies,
account consolidation,
investment management
Nelson Schwab
J. Daniel Sherman
Peter J. Strauss
Wendall Sullivan
Daniel J. Hoffheimer
Francis J. Niehaus,
JD, CFP®
Kevin J. Walsh, CFP®
Michael W. JarroldGrapes, CFP®
Financial planning & investments
since 1987.
John W. Warrington
A. Christian Worrell, III
In Honor of
Edward D. Diller
Laura S. Raines
Don R. Gardner
Kenneth P. Kreider
W. Roger Fry
Rayan F. Coutinho
John L. McElwee
William J. Keating, Jr.
John C. Norwine
Frank M. Diedrichs
Brenna L.K. Penrose
Adrienne J. Roach
Save the Date for the 34th Annual
Quid Pro Am
Monday, May 19, 2014
Losantiville Country Club,
3097 Losantiville Avenue, Cincinnati
www.CincyBar.org Ready for retirement?
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.
Share Your
Knowledge
Get Published
in the
CBA
Report
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 communications@
cincybar.org for details. And get writing!
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Young Lawyers Section
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 kagrant@cincybar.org.
Mentoring in a Multigenerational Workplace
By Jason Abeln
Gunnery Sergeant Hartman: I am Gunnery Sergeant Hartman, your senior drill
instructor. From now on you will speak
only when spoken to, and the first and last
words out of your filthy sewers will be “Sir.”
Do you maggots understand that?
Recruits: [In unison in a normal speaking
tone] Sir, yes Sir.
The traditional approach to training young lawyers is reminiscent of boot
camp in Full Metal Jacket. But the tear
down to build up model is antiquated
and ineffective in our multigenerational
workplace.
According to AARP, workplace demographics span four generations for the
first time in modern history. This means
twenty-something new lawyers work
alongside colleagues that are 50 years
older or more. And the life experiences of
Traditionalists (1927-1945), Baby Boomers
(1946-1964), Generation Xers (1960s-early
1980s), and Millennials (early 1980s-early
2000s) can cause real problems with
workplace communication.
In order to overcome the generation
gap so that business thrives and young
lawyers receive the training they need,
those tasked with mentoring young lawyers need to understand just who it is they
are mentoring. Young lawyers want to
be empowered, not micromanaged. They
want the ability to express themselves
without limitation and, in doing so, find
their own ways of doing things that fit
their unique selves. Empowering young
lawyers fosters a sense of responsibility for
the authority being granted, which leads
to a strong work ethic, respect for the
organization and loyalty.
Young lawyers crave mentoring and
are seeking wisdom and short cuts learned
over the years. But they do not want
to recreate the wheel or hear corporate
jargon. Young lawyers also need time to
process concepts and strategies. But once
a comfort level is reached, they are very
focused and productive. So it is much
more effective to talk with young lawyers
rather than down to them.
Don’t try too hard. The lifestyle of
young lawyers is very different than that
of their bosses. Trying to be your young
lawyer’s “friend” is not the answer. Young
lawyers need their own lives away from
the office. So let them have one.
Young lawyers are particularly interested in innovation so look for ways to do
things differently. But don’t be confused
by this contrarian nature. Young lawyers
want to do things differently in the hopes
of doing them better. So support your
young lawyer’s unique ways of approaching tasks.
Young lawyers grew up on the Internet
and are used to instant gratification. So
boredom sets in quickly. A challenged
young lawyer is a happy young lawyer.
Challenging a young lawyer will also
quickly reveal their skills and capabilities.
Young lawyers are also comfortable with
change, which makes them an invaluable
asset in today’s fast and ever-changing
world.
With proper motivation and mentoring,
young lawyers can
quickly become valuable assets for firms
Abeln
of any size. Don’t let
communication barriers, which can be easily overcome hold
your firm back.
Abeln is the 2013-2014 chair of YLS.
Welcome to YLS
Gabriel Kurcab
Emma R. Wright
For
February 11, 2014
Fifty West Brewing Company
7668 Wooster Pike
6 p.m.
CBA’s YLS invites fellow
young professionals to join
them for happy hour.
1000 Main St., 6th floor, Cincinnati OH 45202 513.936.5300
http://www.hamilton-co.org/cinlawlib/
This is a drop-in event .
No need to pre-register!
 Legal research onsite or from your home or office 
l
For more information about becoming involved in any CBA practice committee,
contact Dorothy Schultz at (513) 699-1404 or djschultz@cincybar.org.
committee corner
Committee Meetings
Sam Duran
Chair of: Ethics & Professional Responsibility
Firm: Taft Stettinius & Hollister
Practice Area: Labor and Employment/ Workers’ Compensation
Law School: Ohio State University College of Law
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.
February Meetings
5 Local Government
10 Court of appeals / UPL
Employee Benefits
Why is participating in the CBA important to you? It is an opportunity to interact
with other lawyers without being adversaries.
13 Immigration Law
When your committee gets together what have you been talking about and what
kind of work is your committee doing right now? We discuss hotline reports which
are hypothetical ethical issues presented to the committee by lawyers throughout
southwest Ohio.
18 Bankruptcy
When I’m not in the office I’m… in Ludington, Michigan with family.
The book I always recommend… Patrick O’Brien’s Master and Commander series and
C.J. Sansom’s Matthew Shardlocke series because both are historic fiction that tell terrific stories.
My favorite place to go in Cincinnati… is the Cincinnati Athletic Club and the
Mercantile Library because both are full of interesting things and staffed with very
interesting and helpful people.
19 Domestic Relations
20 Real Property
Estate Planning
25 Intellectual Property
Solo/Small Firm Practitioners
26 Juvenile Law
Labor & Employment
27 Social Security
My hero is… my father, Dr. Robert J. Duran because he was wise, fair and good.
Women Lawyers Committee
Save the Date
Lollipop Concert Peter and the Wolf
Saturday March 29 at 10:30 a.m. Join the Women Lawyers Committee for a fun morning of coffee, juice and
doughnuts in the Critics Room at Music Hall!
Coffee and Conversation:
Women Lawyers Committee Presents
Passion, Purpose and Profits: How to Plant the
Seeds for Success
February 28
Taft Center
11:30 a.m. Registration and lunch
12 - 1 p.m. Program
The Role of an Active Citizen
Julia Meister and Margaret Lawson –
Partners at Taft Stettinius & Hollister
Friday, February 21 • 8:30 – 9:30 a.m., Panera Bread, 6th & Vine
Tillie Hidalgo Lima –
President & CEO,
Best Upon Request
Join Susan Noonan, President of the Woman’s City Club of Greater
Cincinnati as she shares how WCC programs educate, encourage and
equip citizens to play an active role in civic affairs.
Register at www.cincybar.org
Mark Your Calendar: All Coffee & Conversations will take place the third Friday of
each month. Check the CBA website for registration and details.
www.CincyBar.org l
member services
For more information on any of your benefits, please contact Kathy Grant at (513) 699-4016 or kagrant@cincybar.org.
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
May
June
July
August
S ept em b er
O c t ob er
N ovem b er
D ec em b er
Professional Liability Insurance for
CBA Members
The CBA’s professional liability plan is specifically designed for lawyers and law firms.
CBA members save* up to 10 percent on coverage. David Denoyer is committed to finding the
right insurance plan for you. As an independent
agency representing financially sound, reputable companies, they place your policy with
the company offering the best coverage at the best possible price.
To receive a quote on your professional liability coverage, contact David Denoyer at
(513) 247-9110 or davidd@denoyergroup.com.
*individual savings will vary
The CBA Report, Now in Your Email
January marked the very first time the CBA Report made its way to your virtual inbox. A recent survey of members showed an increase in those who would like to receive
the CBA Report through email. To accommodate this growing group, the CBA will
now be sending a digital issue of the CBA Report to members each month. Look for it
the first week of the month!
CBA & CBF Staff Directory
Kate B. Christoff-Scheetz..............................699-4015
CLE Administrator, kcs@cincybar.org
Angela R. DeMoss..............................................699-4010
CLE Assistant, ardemoss@cincybar.org
Erin L. Emerson..................................................699-4019
Director of Marketing, elemerson@cincybar.org
Haley M. Fritz..................................................... 699-1406
Membership Administrator, hmfritz@cincybar.org
Laura M. Gaffin................................................... 699-1391
Communications Director, lmgaffin@cincybar.org
Kathleen A. Grant.............................................699-4016
Director of Member Services, kagrant@cincybar.org
Nicole R. Hampton..........................651-5118, ext. 200
Receptionist
Karen J. Johnson................................................. 699-1405
Notary Administrator, kjjohnson@cincybar.org
Monica L. Kittrell...............................................699-4015
CLE Administrator, mlkittrell@cincybar.org
Marilyn C. Marks................................................ 699-1396
LRS Assistant, mcmarks@cincybar.org
René T. McPhedran........................................... 699-1393
Director of CBF, rtmcphedran@cincybar.org
Lisa G. McPherson............................................. 699-1398
Member Services Coordinator, lgmcpherson@cincybar.org
Terrie A. Minniti................................................ 699-1399
Assistant Executive Director, taminniti@cincybar.org
John C. Norwine.................................................699-1400
Executive Director, jcnorwine@cincybar.org
Dimity V. Orlet................................................... 699-1401
Director of CLE/Assistant Counsel, dvorlet@cincybar.org
Maria C. Palermo............................................... 699-1402
Assistant Counsel, mcpalermo@cincybar.org
Edwin W. Patterson III.................................... 699-1403
General Counsel, ewpatterson@cincybar.org
Stephanie W. Powell......................................... 699-1407
Paralegal, swpowell@cincybar.org
Anthony W. Riley...............................................699-4013
Clerk
Kathleen M. Schmidt........................................ 699-1390
Executive Coordinator, kmschmidt@cincybar.org
Dorothy J. Schultz............................................. 699-1404
Chief Administrative Secretary, djschultz@cincybar.org
Jamie L. Shiverdecker .....................................699-4013
Director of LRS/Project Manager, jlshiverdecker@cincybar.org
LaDonna Wallace Smith.................................. 699-1392
Director of Community Service, lwsmith@cincybar.org
Monica O. Weber............................................... 699-1395
Marketing Designer, moweber@cincybar.org
Andrew M. Wells................................................ 699-1409
Information Systems Manager, amwells@cincybar.org
Jessica M. Whyte................................................ 699-1397
CLE Program Coordinator, jmwhyte@cincybar.org
Eileen M. Witker................................................ 699-1408
LRS Assistant, emwitker@cincybar.org
Amy K. Zerhusen...............................................699-4014
Accounting Administrator, akzerhusen@cincybar.org
EthicalQuandary?
February Ethics Hotline Attorneys
Noel Morgan (513) 362-2837
Harry J. (Chip) Finke IV (513) 629-2731
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.
l
The BLAC-CBA Round Table works to expand opportunities for minorities in the legal profession. For more information
about the BLAC-CBA Round Table, contact LaDonna Wallace Smith at (513) 699-1392 or lwsmith@cincybar.org.
BL AC - C BA
ROUND TABLE
BLAC-CBA Round Table Minority Law
Student Holiday Reception
The local legal community along with sponsor and host Frost Brown Todd, welcomed law school students home for the holidays at the annual BLAC-CBA Round
Table Minority Law Student Holiday Reception on December 19. Students and attorneys alike enjoyed coming together to meet this social setting.
Sponsored by
X avier University
Summer Intern Housing
u Aaron Ice (Chase law
student) and Marty Dunn
u John Pinney, Estevan Molina (UC Law
student), Tom Cuni, Dave Croall and Judge
John Andrew West
u Leanthony
Edwards,
Jr. (UC law
student)
p John Higgins, Brittany Collins, Jill Meyer and
Jared Grandy (Chase law student)
p Kim Amrine, Karen Laymance, Dolores Lagdameo (UC law student), Nazly Mamedova (Chase law student) and
Charles Ashdown
www.CincyBar.org l
continuing legal education
For more information about upcoming CLE events, contact Dimity Orlet at (513) 699-1401 or dvorlet@cincybar.org.
For a complete schedule or to register for a program online, see the CBA’s CLE Calendar under CLE at www.cincybar.org.
Appellate Practice CLE Will Feature
Justice French
La Jeunesse Real Property
Law Practitioner of the Year
Presented by the CBA Court of Appeals Committee
Friday, February 28, 2014
11:45 a.m. Registration & Complimentary Lunch
12 to 4 p.m. Program
3.75 Hour CLE Credit, including 1.0/Ethics
1.75 Hours New Lawyer Training Credit,
including 1.0/NLT Professionalism
The CBA Court of Appeals Committee is pleased to offer its biennial half-day CLE
program. The event will feature special guest speaker Justice Judith L. French of the
Supreme Court of Ohio as well as the following presentations:
• Introduction to Habeas Corpus by Professor Janet Moore, Esq., University of Cincinnati College of Law
Richard T. La Jeunesse was selected
as the Cincinnati Bar Association’s 2013
Real Property Law Practitioner of the
Year. La Jeunesse practices at Graydon
Head & Ritchey in the areas of real estate,
environmental, construction and international law. The award, in its sixth year,
is presented annually to a practitioner
with outstanding achievement, contribution, and leadership in the practice
of real property law at the annual Real
Property Law seminar, held this year on
Dec. 13. Congratulations Richard!
• Lessons from the Innocence Project by Professor Mark A. Godsey, Esq., University
of Cincinnati College of Law; Director, Ohio Innocence Project
• Ethical Issues in Appellate Practice by Bruce K. Hust, Esq., Judge Patrick F.
Fischer, Ohio First District Court of Appeals, and Susan Schaen, Esq., Law Clerk,
Ohio First District Court of Appeals
• First District Court of Appeals Update by Mark E. Combs, Administrator, Ohio
First District Court of Appeals
To register, see page 21, visit www.cincybar.org or call (513) 699-4028. Register by
February 14 and Save $15!
La Jeunesse accepts the award from Real
Property Committee Chair Aine Baldwin.
Take up to
12 hours
of self-study
credit.
E a r n C L E a ny time , a ny w he r e .
o
Ohio Metrns
Bar Associatio
y
Self-Stud
CLE
Akron
Toledo
Dayton
Cleveland
C
Cincinnati
C
You Know Us
l
20 February 2014 CBA REPORT A great
variety of
programs to
choose from.
www.CincyBar.org
continuing legal education
Spring 2014 Professional Conduct
Video Replay Series
Presented by the Cincinnati Bar Association
Each program qualifies for 2.5 hours of Ohio Professional Conduct CLE credit
Credit also available for Indiana and Pennsylvania
Kentucky Credit - pending
Downtown:
• Tuesday, February 11, 9 to 11:45 a.m.
• Tuesday, March 11, 1 to 3:45 p.m.
• Wednesday, April 16, 9 to 11:45 a.m.
• Wednesday, May 14, 9 to 11:45 a.m.
Norwood (Interact for Health):
• Thursday, May 29, 1 to 3:45 p.m.
Thanks to revisions to Ohio’s CLE rules, which “unbundle” the Professional Conduct
Requirement, you now have greater flexibility in satisfying your CLE requirements.
While you will still need to earn a total of 2.5 hours of professional conduct credit per
biennium, but you are no longer limited to doing so by earning one hour of professionalism, one of ethics, and one-half hour of substance abuse. Instead, you have the
flexibility to earn your 2.5 hours by taking any combination of professional conduct
topics. And, as another plus, these topics have been expanded beyond the all-familiar
professionalism, ethics and substance abuse to include: mental health issues; access to
justice and fairness in the courts; interactions with self-represented litigants; encouraging pro bono representation; accommodating language interpretation; and assuring
fairness in matters of race, ethnicity, foreign origin, religion, gender, sexual orientation,
disability, and socio-economic status.
/CLE eLibrary
Our Paperless CLE
Initiative
The CBA has embraced a greener approach to producing CLE programs. This
exciting initiative involves promotion of
many CLE programs through exclusively
electronic mediums (like email, the CBA
website and CBA Facebook page) rather
than through print/mailed pieces. It also
involves providing many of our seminar handouts in a convenient electronic
rather than printed format.
Watch your inbox for information
from the CBA; email is the most efficient
way for us to keep in touch with you
about programs, events, and services
aimed to benefit you. Don’t worry; we
won’t send you junk. And, please be sure
to update us with any change in your
email address.
For more information, please visit
www.cincybar.org/cle/elibraryFAQ.php.
www.CincyBar.org l
Upcoming CLE Seminars
Visit www.CincyBar.org to register and for a complete calendar, updates, and full program agendas.
February 11 • 9 – 11:45 a.m.
Video Replay
Professionalism, Ethics & Substance
Abuse Instruction
2.5 hours Prof. Conduct
$90 CBA Member ($105 Non-Member)
Additional $10 Print Handouts
February 11 • 6:30 – 8 p.m.
Beyond Civility: Death Penalty Issues
in Ohio
1.5 hours
@ St. John’s Unitarian Universalist Church, 320
Resor Ave., 45220
February 28 • 12 – 4 p.m.
Appellate Practice Update
3.75 hours, including 1.0/Prof. Conduct*
By Feb. 14
After Feb. 14
March 5 • 12 – 1 p.m.
Brown Bag Series
Intellectual Property
1.0 hours*
$15 CBA Young Lawyer
Brown Bag Series
Depositions
March 7
Women Lawyers Seminar
1.0 hours*
March 11 • 1 – 3:45 p.m.
Video Replay
Professionalism, Ethics & Substance
Abuse Instruction
Creating & Utilizing a Business Plan
1.0 hour*
2.5 hours Prof. Conduct
March 12 • 12 – 1 p.m.
Brown Bag Series
Hiccups in Liquor Law
1.0 hours*
March 26 • 12 – 1 p.m.
Brown Bag Series
Dealing with the Media in High Profile
Cases
1.0 hours*
April 9 • 12 – 1 p.m.
Brown Bag Series
Criminal Law — White Collar Crime
1.0 hours*
April 11
Domestic Relations Institute
@ Hilton Netherland Plaza Hotel,
35 West Fifth Street, Downtown Cincinnati
*
*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
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
This section features current news and events of interest to the local legal community.
News items may be submitted to communications@cincybar.org.
A New Vision for the New Year
After more than ten years with its current mission statement, the Cincinnati Bar
Association’s Board of Trustees has adopted new organizational mission and vision
statements. The Board of Trustees focused on evaluating the mission of the Bar at their
bi-annual retreat in October.
The retreat planning committee with members Erin Alkire, Jodie Drees Ganote,
Bill Graf and John Tafaro led the charge. At the retreat, participants broke into groups
to separately examine pieces of the former mission statement. The group as a whole
focused on condensing the length of the mission to bring focus and clarity to the organization.
“As an organization lives and grows over time, it’s important to reflect upon what
we do and why we do it. By refocusing and redefining our mission and vision, we are
able to provide better service to our members and focus our efforts on what truly makes
the Cincinnati Bar Association the organization of choice for local attorneys,” said Jean
Geoppinger McCoy, president, Cincinnati Bar Association.
The mission and vision statements approved at the December Board of Trustees
meeting read as follows.
Mission statement
To be an invaluable resource to our legal community by:
• encouraging a culture of collegiality and professionalism;
• providing opportunities for leadership and community service;
• maintaining a diverse and inclusive membership; and
• empowering the success of our members.
“Thank you to the retreat planning committee and our Board of Trustees for their
careful development and evaluation of these guiding statements. I’m sure they will
serve the CBA for years to come,” said McCoy.
ADA Compliance for your Business & Community
THis CLE is BRouGHT To you
wiTH GEnERous suppoRT FRom:
The erma a. BanTz FoundaTion
And
this event is Free
Champions Room, Great American Ballpark
Event followed by Happy Hour and tour of Reds Hall of Fame
program has applied for CLE credit in Kentucky and Ohio
inFo/registration: www.laddinc.org/cle
Attorney
Nicholas Jon Alig
Alig & Bellamy
Bryan C. Berger
Berger Cox & Nienaber
Charles Daniel Bradford
Ian Edward Brewer
Maxim Brumbach
Thomas Joseph Dall Jr.
Law Offices of Blake Maislin
Charles Galvin
Frost Brown Todd LLC
Otis Grigsby Jr.
Taft Stettinius & Hollister LLP
Jonathan M. Groppe
Blank Rome LLP
Inga Hofer
Fifth Third Bank
Richard W. Holmes Jr.
Fifth Third Bank - Legal Department
Nicholas Anthony Horton
Thomas W. Jacobs
Cornetet Meyer Rush & Kirzner Co. LPA
Michelle E. James
Vorys Sater Seymour and Pease LLP
Brian M. Johnson
Cooney Faulkner & Stevens LLC
Save the Date
3 pM -5 pM
The CBA Board of Trustees has approved
the following for membership:
Doug Gastright
Vision statement
February 28, 2014
Welcome New
Members
Kelly Katherine Churchwright
Church Law LLC
To promote professional excellence, foster justice,
serve our members and educate the public.
by nation’s leading ada attorneys:
arlene Mayerson & richard bernstein
legal community news
and Special Thanks to
2015 Cincinnati ReelAbilities Film Festival Sponsors
Gabriel Kurcab
Katz Teller Brant & Hild
Joshua R. Langdon
Scott E. Knox Attorney at Law
Keith Andrew Potter Jr.
Smith Rolfes & Skavdahl Co. LPA
Paul H. Spitz
Law Office of Paul H. Spitz
Mark C. Vollman
Loeb Vollman & Friedmann
Emma R. Wright
The Wright Law Group, LLP
organized by:
Bringing you the 2015 Cincinnati ReelAbilities Film Festival
www.CincyBar.org l
CALL Class XVIII Begins Sessions
2014 CALL Steering Committee
The CALL program is possible thanks
to the efforts of the steering committee:
The 2014 Cincinnati Academy of Leadership
for Lawyers (CALL) class includes 31 attorneys.
Now in its 18th year, CALL focuses on practical,
professional and ethical issues facing lawyers in
Greater Cincinnati. Sessions are held monthly,
January through May. All sessions have interactive components and address areas relevant to the
development of professionalism and leadership.
2
0
0
7
2014 CALL Class XVIII
Eliot G. Bastian
Caparella-Kraemer &
Associates LLC
Alan H. Abes, Chair
Rebecca N. Algenio
Hon. Timothy S. Black
Hon. Stephanie K.
Bowman
Erin Cunniff Childs
Douglas R. Dennis
Tawanda J. Edwards
Neil Fairweather
Mina Jones Jefferson
Lisa G. McPherson
John C. Norwine
J. Phenise Poole
Ann K. Schooley
Calvin S. Tregre
David T. Wallace
Shonita M. Black
University of Cincinnati —
Clermont
Michael T. Cappel
Keating Muething &
Klekamp PLL
Amy S. Crotty
Danielle M. D’Addesa
Keating Muething &
Klekamp PLL
Sarah Fairweather Flem
US District Court —
SD of OH
Matthew R. Fong
Thompson Hine LLP
Jodie Drees Ganote
Ganote Law
Andrew J. Hagerty
The Procter & Gamble Co.
Allison Verderber Herriott
GE Aviation
Anthony B. Holman
Phillips Law Firm Inc.
Clare M. Iery
The Procter & Gamble Co.
Matthew S. Lawless
Taft Stettinius & Hollister LLP
J.B. Lind
Vorys Sater Seymour &
Pease LLP
Katherine A. Miltner
US District Court —
SD of OH
Kristen M. Myers
Beckman Weil Shepardson
Jeffrey R. Pfirrman
Graydon Head & Ritchey LLP
John C. Ravasio
SORTA/ Metro
Jacob G. Samad
Robbins Kelly Patterson &
Tucker
Jill M. Scherff
Dinsmore & Shohl LLP
Elliott L. Stapleton
Cornetet Meyer Rush &
Kirzner, LPA
Matthew C. Steele
Miller Canfield Paddock &
Stone PLC
Carey Kathleen Steffen
Ritter & Randolph LLC
Jade A. Stewart
Freund Freeze & Arnold LPA
Christopher D. Stock
Markovits Stock &
De Marco LLC
Sean S. Suder
City of Cincinnati Law
Department
Janaya L. Trotter
Trotter Law LLC
Elizabeth A. Tull
Legal Aid Society of
Southwest Ohio
l
Joan M. Tumblison
St. Aloysius Orphanage
Stephen A. Weigand
Faruki Ireland & Cox PLL
Robert M. Zimmerman
Dinsmore & Shohl LLP
M emorial Service
April 3, 2014 – 12 p.m.
You are cordially invited to attend the Annual Memorial Service of the
Cincinnati Bar Association
Courtroom of the Honorable Steven E. Martin
Hamilton County Courthouse – Room 340,
1000 Main Street Downtown Cincinnati
The service will honor the following members of our legal community
who passed away in 2013:
Samuel M. Allen
William H. Anderson
Thomas W. Bibus
Howard F. Breitholle
Stephen Cohen
Frank G. Davis
Lynne Gellenbeck
Benjamin Gettler
Kathleen S. Hardy
John C. Hermanies
Victor M. Kolodny
Rae Skirvin Latimer
Donald M. Levi
James G. Lutz
Robert D. Lyons
James V. Magee, Jr.
Robert S. Marriott
Penelope S. McCabe
Daniel H. McKinney
J. Kenneth Meagher
William J. Morrissey III
Joseph D. Nieman
Timothy J. Quinn
William H. Reyering
Eugene P. Ruehlmann
Wendall Sullivan
Nell D. Surber
Selena M. Tierney
Michael J. Wiethe
Richard A. Wilmer
Kathleen H. Zavatsk y
A reception in the Cincinnati Law Library will follow.
Please R.S.V.P. no later than Friday, March 21, by contacting
Kathy Schmidt at (513) 699-1390 or kmschmidt@cincybar.org
Self-pay parking available at 8th & Main Streets
Can you help us?
The following CBA members need
written memorials for inclusion in the
2014 Memorial Service program:
Lynne Gellenbeck
Victor Kolodny
Rae Skirvin Latimer
Donald Levi
James Lutz
Wendall Sullivan
Selena Tierney
Kathleen Zavatsky
Please contact
Kathy Schmidt at (513) 699-1390 or
kmschmidt@cincybar.org,
if you are interested in submitting a
memorial for one of these members.
In M emoriam
Samuel M. Allen
August 24, 1929 – December 5, 2013
Penelope S. McCabe
June 2, 1948 – December 17, 2013
William H. Reyering
January 1, 1922 – December 22, 2013
Nell Day Surber
July 10, 1928 – December 9, 2013
Kathleen H. Zavatsky
June 7, 1947 – December 11, 2013
www.CincyBar.org l
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 communications@cincybar.org. For address changes,
contact Andrew Wells at (513) 699-1409 or amwells@cincybar.org.
Byrd
Kersting
Razzaghi
Helwig
Frost Brown Todd is pleased to announce
the appointment of four new members in
the Cincinnati area. The new members are:
J. Aaron Byrd, Jeffrey F. Kersting, Ali Razzaghi and Benjamin J. Helwig. J. Aaron
Byrd practices in the firm’s personal and
succession planning group where he focuses
on estate planning, probate estate and trust
administration, business succession planning, asset protection planning, wealth
transfer planning, and charitable giving as
well as estate, gift, and generation-skipping
tax issues. A West Point graduate, Aaron
previously served as a Field Artillery officer
in the U.S. Army where he was awarded the
Bronze Star Medal for combat service in
Iraq. Jeffrey F. Kersting is part of the firm’s
intellectual property law and litigation group.
Jeff assists clients with all aspects of patent prosecution and portfolio management
across a wide-range of technologies and also
helps his clients with IP-related agreements,
such as licenses, assignments, and development agreements. He has also participated
in activities for various local organizations,
such as the Cincinnati Youth Collaborative,
Big Brothers Big Sisters of Greater Cincinnati,
and Hamilton County Special Olympics. Ali
Razzaghi practices in the firm’s litigation
department where he represents and advises
clients in a wide range of litigation areas,
with a focus on business litigation. Razzaghi has been actively involved in a variety
of business litigation matters, including
contract law, UCC Article 2, real estate, land
use and zoning, business torts, franchise and
distribution, and other commercial litigation
www.CincyBar.org matters. He has also tried numerous cases
and successfully argued motions at both the
state and federal levels. Benjamin J. Helwig
counsels entrepreneurs and closely-held
businesses and is an attorney with considerable experience in business, real estate and
business litigation. His multi-disciplinary
practice provides him with the unique ability
to counsel business owners on a wide range
of issues and business strategies. He serves
as general counsel to several web-based and
design firms, and his practice serves privately
held companies of all sizes – advising owners
on entity choice and formation, partnership
agreements, business planning, sales, acquisitions, and real estate issues and concerns.
Judkins
Warner Off
Scherff
Schoepf
Shaffer
Zimmerman
Dinsmore & Shohl is pleased to announce
that six attorneys have been named partner. Brian C. Judkins, R. Warner Off, Jill
M. Scherff, Julie A. Schoepf, Elizabeth M. Shaffer and Robert M. Zimmerman were
elected to partnership effective January 1,
2014. Brian Judkins practice focuses on corporate law matters, including experience with
private and public securities offerings and
member/firm news
mergers and acquisitions of all sizes, enables
him to bring efficient results for clients. He
has extensive experience in working with
start-up entities, guiding them through both
organizations and raising capital. He is a
member of the leadership academy, departmental training, associate retreat and professional development committees at Dinsmore.
Warner Off provides a wide range of corporate and business counseling services to support the firm’s clients. Off provides counsel
for all manner of companies before, during
and after engaging in mergers, acquisitions
and other transactions. Off also supports
a number of local and national companies
with their promotional, contest and sweepstakes efforts. Jill Scherff is a member of the
corporate department and the estate and
trust practice group. She has been certified by
the Ohio State Bar Association as a specialist in estate planning, trust and probate law,
an honor earned by fewer than 175 attorneys
throughout the state. Scherff’s estate planning practice includes estate and gift taxation
and planning, business succession planning,
asset protection planning and probate and
estate administration. She has significant
experience advising trustees on legal issues
with respect to trust administration and in
advising HR departments regarding the validity and proper uses of powers of attorney.
Scherff’s practice also focuses on corporate
and partnership law, corporate structuring,
mergers and acquisitions, and international
taxation and business structuring. She works
with nonprofit organizations to seek and
maintain tax exempt status and on corporate
governance matters. Julie Schoepf practices
in the area of commercial lending, real estate
and mergers and acquisitions. She represents numerous banking institutions and
life insurance companies in connection with
negotiating and closing commercial, multistate loans secured by real estate and personal
property. She has significant experienced in
the area of commercial construction lending.
Schoepf’s corporate practice includes stock/
asset purchases of diverse operating entities,
including all related due diligence. Elizabeth
“Libby” Shaffer is a member of the litigation department. Shaffer’s practice primarily
involves commercial litigation at the state
and federal trial court level through appeal.
She focuses on the defense of litigation claims
brought pursuant to the Fair Debt Collection Practices Act, Fair Credit Reporting Act,
l
member/firm news
and related state consumer protection laws.
She also focuses on construction litigation,
insurance coverage and insurance extracontractual litigation. In addition, she is a
frequent speaker and author on the Fair Debt
Collection Practices Act and practical litigation issues. Shaffer recently spoke at the Ohio
State Bar Association’s Consumer Law Institute CLE program on “Pitfalls in Collection
Letters Under the Fair Debt Collection Practices Act and Ohio Consumer Sales Practices
Act.” Robert Zimmerman has represented
clients in a number of cases involving breach
of contract, commercial fraud, trade secrets,
corporate governance, securities, shareholder/partnership disputes and unfair competition. He has worked with clients in an array
of industries, including banking, real estate,
consumer products, manufacturing components, pharmaceutical sales, and natural
resources. Zimmerman also has substantial
experience in complex litigation and is a
member of the firm’s recruiting committee.
The National Association of Corporate Directors (NACD) announced
that Denise Kuprionis
has become an NACD
Fellow, the highest
level of credentialing for
corporate directors and
corporate governance
Kuprionis
professionals. As an
NACD Fellow, Kuprionis has demonstrated
her knowledge of the leading trends and
practices that define exemplary corporate
governance today and has committed to
further developing her professional insights.
Kuprionis is president of the Governance
Solutions Group, a local board advisory firm.
Phyllis G. Bossin &
Associates is pleased to
announce that Carrie
R. Waide has joined
the firm as an associate attorney practicing
in the area of family
law. Waide previously
worked as a law clerk at
Waide
the firm since May 2012.
Waide was admitted to practice in Ohio in
November 2013. She graduated from Kansas
State University in May 2010 and earned her
J.D. from The University of Cincinnati College of Law in May 2013.
l
en’s initiative, Spotlight on Women®. In 2012,
she was named a Rising Star by the YWCA
Academy of Career Women of Achievement.
Jenkins received her J.D. from the University
of Cincinnati College of Law in 2005 and her
B.A. from Hanover College in 2002.
McPartlin
Warm
Randal S. Bloch is pleased to announce Deborah L. McPartlin and Gayle M. Warm have
joined her as partners in the firm Wagner
& Bloch LLC. Wagner & Bloch LLC focuses
its practice in the area of family law. The attorneys are trained collaborative professionals, members of the Cincinnati Academy of
Collaborative Professionals and the International Academy of Collaborative Professionals. Bloch is a certified family law specialist.
Bloch and McPartlin are also trained divorce
mediators.
Cincinnati lawyer
Jonathan D. Cohen is
pleased to announce
the opening of his firm,
Jon Cohen Law, LLC.
Cohen’s law practice
focuses on serving
entrepreneurs, innovators, creators, software
Cohen
developers and performers. Cohen brings to his new business 27
years of experience practicing law, starting
his legal career in California and in 1998,
moving to Cincinnati to be closer to family. With his office in the northern suburbs
of Cincinnati, Jon Cohen Law, LLC offers
legal services in the areas of copyright and
trademark, computer law, Internet law and
business litigation.
Staci M. Jenkins, a
member of Thompson Hine’s labor and
employment group in
the Cincinnati office,
has been elected partner.
Jenkins focuses her
practice on employment-based immigraJenkins
tion and affirmative
action compliance issues. Her immigration
practice concentrates on health care organizations, global companies and Fortune 500
companies, while her affirmative action work
is for federal contractors. Jenkins serves as
Cincinnati office vice chair of the firm’s wom-
BakerHostetler is
pleased to announce
Partner M. Scott McIntyre’s selection
as one of five rising
stars in employment
law nationwide by
Law360, a LexisNexis
publication. McIntyre, a
McIntyre
partner since 2009, leads
the Cincinnati office’s employment and
labor practice group. He is a board certified
specialist in employment and labor law and
maintains a national practice.
Bruce Petrie of Graydon
Head & Ritchey has
started a new blog
combining is passions
for both art and the law.
In February of 2013, he
contributed a CBA Report cover story on this
topic. To read Petrie’s
Petrie
blog, visit www.graydonhead.com/news/blog-brush-with-the-law.
Whitman
O’Neill
Bruce B. Whitman, a
trial attorney for more
than 33 years, has completed his first book, The
Inner Jury: Winning
Trials With Strategic
Psychology -Modern
Trial Science -Solutions
to Common Dilemmas. Expected release
date is March 1, 2014.
Benjamin, Yocum &
Heather, LLC is pleased
to announce that
Patrick M. O’Neill has
become a principal of
the firm. O’Neill, who
previously served the
firm as of counsel, will
continue to practice in
the areas of construction
member/firm news
law, civil litigation, arbitration and mediation. O’Neill previously was a shareholder
and partner-in-charge of litigation in another
Cincinnati law firm. He has served as trial
counsel in both the prosecution and defense
of numerous construction trials, arbitrations
and mediations, both locally and nationally. O’Neill, along with Tom Yocum, has been
counsel for a group of subcontractors in the
Kenwood Towne Place litigation, achieving
substantial success to date. He is a member
of the American Bar Association’s forum on
the construction industry and the Ohio and
Cincinnati Bar Associations’ Construction
Law Committees. O’Neill earned his law
degree from the University of Dayton School
of Law and his undergraduate degree from
Ohio University.
Center Your Marketing Strategy
with the CBA
Lawyer Referral Service
The CBA Lawyer Referral Service and Cincy Lawyer Finder give you
access to those in the community looking for attorneys from a
trusted source on the phone, email and the web.
Take advantage of both of these services and
Save 15%
off an annual Lawyer Finder membership.
Join today!
Join at www.cincybar.org or contact Maria Palermo at mcpalermo@cincybar.org.
2014-2015 CBA Legal Directory
policy ben
efits
•
•
•
For more
informa
tion, con
tact:
Hope B.
. . . . . .
Michael S. Porter - hporter@rg
. . . . . .
McGraw
. . . . . .
- msmcgra mcgrawinsurance.co
. . . . . .
w@rgmcgra
m
Travelers
. . . . . .
Casualty
winsurance.
. . . . . .
This mate
Company
and Sure
com
. . . . . .
rial does
ty
of Amer
policy or
ica and
property
not amen
. . . . . .
its
bond issue
casualty
d, or other
. . . . . .
any parti
affiliates
One Towe
wise affec
cular claim d by Travelers.
. . . . . .
r
t, the provi
It is
circumsta
Hartford, Square
. . . . . .
sions or
nces invol or loss under any not a representa
CT 0618
coverages
. .
applicable
3
ved in the
tion that
such polic
of any
travelersb
ond.com
coverage
y or bond
claim or
insurance
qualificati law. Availability
loss, all
does or
.
of
ons and
does not
applicable Coverage depe
state regu coverage refer
nds on the
exist for
policy
enced in
lations.
facts and
© 2009
this docu or bond provisions
The Trave
ment can
, and any
lers Comp
depend
anies, Inc.
on unde
rwriting
All right
s reserved.
(513) 381
-8213
www.cinc
ybar.org
R. G. McG
raw Insuranc
324 East
e Age
Fou
Phone: 513- rth Street, Cincinn ncy, Inc.
ati, OH
381-7881
Fax: 513- 45202
381-7889
We are looking for original artwork by a CBA member to grace the cover of the newest edition of
the Legal Directory. If you would like your artwork to be considered, please email Laura Gaffin at
lmgaffin@cincybar.org by February 20.
n
See your artwork on the cover!
Assoc
iatio
to meet
your nee
ds include
Network
:
and Info
rmation
Automatic
Sec
Expanded Acquisitions Cov urity Offense Cov
erage –
erage
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90 Days
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nt Expens l Services Cov
erage
Modified
e Covera
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ent Clause ge
Deductible
Coverage Mediation Credit
for Non-Pro
Services
fit Directo
rs and Offi
Spousal
cers and
and Dom
Publishing
estic Par
Risk Man
tne
agement
Claim Ser
Services r Liability Covera
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vices and
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Assistance
nati B
ar
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Cincin
Extended:
directo
ry
Introducin
g Travele
Lawyers
Professio rs 1st Choice+ SM
nal Liabil
ity Cove
A new, sta
rage
te of the
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signed fo art errors and om
r small an
firms an
issions
d can be
d mid-siz
tailored
buy the
e law
to fit so
coverage
you only
that’s rig
ht for yo
u.
Key
20132014
Reminder! ue Feb. 7
sD
m
r
o
F
y
r
o
t
.
by February 7
Legal Direc
irectory form
2013-201
Directo
ry
4
Legal D
n online.
d return your
an
w
e
vi
eir informatio
re
th
to
w
r
e
e
vi
b
re
m
e
to
m
. 26-27.
Re
ay review Feb
ers will be able
m
b
m
-Z
e
L
m
d
,
d
an
e
5
rn
b. 24-2
Once retu
may review Fe
-K
A
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o
fr
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e
se with last nam
Tho
Just want to update your photo?
You can still send us a current photo to photo@cincybar.org to be included in this year’s Directory. Digital photos should be high resolution
(300 dpi) .jpg or .tiff (file type), and on a neutral background. Please send in photos by February 8 to be included in this year’s Directory.
Questions? Contact Laura Gaffin at (513) 699-1391 or lmgaffin@cincybar.org
www.CincyBar.org l
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 kmschmidt@cincybar.org.
Nell Surber
1928 – 2013
As economic development director
for the city of Cincinnati, Nell Surber
oversaw many landmark projects of the
1980s – Tower Place Mall, Saks Fifth
Avenue, the Hyatt and Westin hotels,
and the now-defunct downtown skywalk
system.
Under her tenure, the Albee Theater was demolished and
the planning process for the Aronoff Center began. The 312 Elm
Street building, which now houses The Enquirer, was also built
under her watch.
Her decisions didn’t always please everyone, but no one ever
disputed her passion for her job and for the city. Cincinnati Vice
Mayor David Mann, who was on council while Ms. Surber was
administrator, described her as “tenacious, a hard-working,
articulate advocate for the projects that came along while she was
director.
“She took hold of an objective and made it happen,” he said.
“The city was fortunate to have her.”
Ms. Surber, of Mount Auburn, died December 9 at a local
hospice following a November 23 heart attack. She was 85.
The son (sic) of a school principal and a railyard master, Ms.
Surber grew up in Hazard, Kentucky, then moved to New York,
where she earned a bachelor’s degree from Barnard College in
1950. She came to Cincinnati for law school at the University of
Cincinnati’s College of Law. She was admitted to the practice in
1955.
She spent nearly 15 years — 1976-1990 — as the city’s economic development director, then ran as a Republican for City
Council in the fall of 1991.
She lost that race but was appointed the next year to fill a
council vacancy when then-councilman James Cissell left to
become the Hamilton County clerk of courts.
She lost a re-election bid in 1993.
According to past Enquirer stories, Ms. Surber was fond of
saying that office construction “is the engine that drives the train
for development.”
But some thought she didn’t pay enough attention to other
types of projects. She’s credited with the downtown office tower
construction boom during her tenure but was also often on the
receiving end of criticism, including from then-mayor Charles
Luken. He called for her removal in 1984 and 1990, pointing to
cost overruns with the convention center expansion, faltering
developments in the 1980s and what he called a disappointing
track record, according to news stories.
“I did butt heads with her on particulars,” Luken told The
Enquirer. “But I never doubted her affection for Cincinnati and
development downtown.
l
“Nell was passionate about our downtown,” he said. “Block
D, which included the Hyatt, the skywalk system, the convention center, these were all attributed in part to Nell’s tenacity and
affection to downtown.”
Among the high-profile projects that opened under her
watch: Atrium II, Chiquita Center; the Saks/Hyatt complex;
and One Lytle Place. But others languished, including Fountain
Square West, Adams Landing and Garfield Place.
Ultimately, Ms. Surber left the job under pressure when the
new city manager, Gerald Newfarmer, took over in 1990.
“She was eligible to retire, and she did,” said Newfarmer,
who praised her work this week to The Enquirer. “She had done
a superb job and was a wonderful city employee, and she’ll be
missed.”
Mann, who had his own battles with Ms. Surber over the
Tower Place financing, said the job of economic development
director is difficult to do without ruffling feathers.
“You have to deal with the mayor, the council, the business
committee and hold the hands of developers who may not understand how complicated government politics are,” he said.
U.S. Rep. Steve Chabot served on City Council during Ms.
Surber’s time with the city.
“Nell was a savvy economic development director, who
always had the best interests of Cincinnati at heart,” Chabot said.
“Whenever our paths crossed at City Hall, I was impressed by
her tireless dedication to her job, to the city and to its residents.”
In addition to her work for the city, Ms. Surber was also a
member of many Cincinnati civic organizations and had many
admirers who respected her for her high personal standards and
loved her unique spirit and talents, friends said.
She lived downtown and loved her large Milton Street home,
a once dilapidated building that she painstakingly renovated.
Longtime friend and companion Kendall Cooper described
her as “just the finest type of person.” He was introduced to Ms.
Surber through a mutual friend eight years ago in the JosephBeth bookstore’s coffee shop. He looked her up in the phone book
a few days later and asked her to lunch.
Both retired lawyers and book lovers, Cooper and Ms. Surber
spent the next eight years together. They “never got around to”
getting married, Cooper said, but friends told him they’d “never
seen a more devoted couple.”
“We had a really good life together,” he said.
In addition to Cooper, Ms. Surber is survived by goddaughter
Amanda Coleman Voss, many cousins, relatives and friends.
— Jessica Brown, The Cincinnati Enquirer
For display and classified advertising rates for the CBA Report, contact Erin Emerson at (513) 699-4019 or elemerson@cincybar.org.
CBA members receive a discounted rate!
classified ads
office space AVAILABLE
CLASS “A” OFFICE SPACE IN BLUE ASH
near I-71 and I-275. Well appointed professional offices. Can accommodate one or two
attorneys, two conference rooms, full time
reception and phone. Referrals available for established tax controversy firm with experience
in business, estate planning and trust matters.
Excellent opportunity for entrepreneurial lawyer to grow book of business. Call Tom Utaski
(513) 563-4555.
Advertising Index
Bank of Kentucky.....................................32
Center for Resolution of Disputes........7
Cincilingua..................................................18
Cincinnati Art Galleries, LLC.............. 26
GBQ Consulting LLC..............................10
Hamilton County Law Library..............16
LADD......................................................... 23
Niehaus Financial Services.....................15
Society of St. Vincent de Paul.................7
UC College of Law...................................21
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.
Mathews and Mathews Co. LPA
(primarily business and estate planning) in
Kenwood is looking for an attorney with his
own clients to share space with the potential
for later association. Contact Mark Mathews at
mark@ohiolaw.com.
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
Take Your Adversary to Lunch
just leave the knives on the table
Cincinnati Bar Association’s Professionalism Committee encourages members to invite an adversary to
a free lunch at KAZE, March 28 at noon. Door prizes will be given away. Register at www.cincybar.org.
Contact Maria Palermo with questions at mcpalermo@cincybar.org.
www.CincyBar.org 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
Experienced. Professional. Trusted.
Richard H. Tapke, Jr.
Executive Vice President
Richard H. "Trey" Tapke, III
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Contact the Wealth Advisory Group:
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Visit us online: www.bankofky.com

Publication - Cincinnati Bar Association

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