Report CA - Cincinnati Bar Association

CBA
Report
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THE 25TH ANNUAL
C O R P O R AT E L AW C E N T E R
SYMPOSIUM
Implementing the
Dodd-Frank
Wall Street Reform
and Consumer
Protection Act
March 30, 2012
8:45 a.m.–4:45 p.m.
UC College of Law, Room 114
Six hours of CLE credit have been
applied for in Ohio and Kentucky.
Approval is expected.
This event will be webcast.
For details, contact Lori Strait at
[email protected] or 513-556-0117.
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.
table of contents
CBA
Report
Cincinnati Bar Association
Board of Trustees
W. Breck Weigel, President
Anthony E. Reiss, President-Elect
Jean Geoppinger McCoy, Vice President
John P. Tafaro, Secretary
Stanton H. Vollman, Treasurer
Thomas L. Cuni, Immediate Past President
Erin M. Alkire
Susan Bailey-Newell
Natasha M. Cavanaugh
Stacy A. Cole
Eric K. Combs
Douglas R. Dennis
Jack B. Harrison
Joseph D. Heyd
Staci M. Jenkins
David M. Lafkas
Hon. Steven E. Martin
Richard L. Moore
Michael J. Newman
Laura S. Raines
Dale A. Stalf
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: [email protected]
Requests for advertising
information should be sent to:
George R. Quigley Sr.
Advertising Director
7270 North Mingo Lane
Cincinnati, OH 45243
(513) 779-7177 • FAX (513) 779-2832
e-mail: [email protected]
The CBA Report (USPS Permit No. 5415) is published monthly by the
Cincinnati Bar Association, 225 East Sixth Street, 2nd Floor, Cincinnati,
Ohio 45202-3209, (513) 381-8213. CBA membership includes a sub­
scription. Non-member subscriptions are $30 per year. Third-class
postage paid at Cincinnati, Ohio. Postmaster: Send address changes
to CBA Report, c/o The Cincinnati Bar Association, 225 East Sixth Street,
2nd Floor, Cincinnati, Ohio 45202-3209.
©Copyright 2012 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 What’s inside…
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President’s Brief
I Am a Lawyer
By Breck Weigel, President, Cincinnati Bar Association
Cover Article
Ohio’s New Law Combats Prescription Drug Abuse
By Rosemary D. Welsh
Tech Tip
Mastering PDF: Tips & Tools for Creating PDF Documents
By Emily M. Janoski-Haehlen
Feature Article
Finding it Fast and Free on the Internet
By Derek Somogy
Feature Article
Institute Prepares Women for Leadership
By Mary W. Sullivan
In the Spotlight
Attorney Volunteers Bring Mock Trial to Life
for High School Students
By Jeffrey Krismer and Mallory Sestic Johnson
Also
inside…
23
39
CBA Staff Directory
20 Cincinnati Bar Foundation
39 Classified Ads
22Committee Corner
27 Continuing Legal Eduction
31 CLE Seminar Calendar
Ethics Hotline
32 Legal Community News
33Member/Firm News
23 Member Services
38Memorials
24 Young Lawyers Section
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March 2012 CBA REPORT 3
president’s brief
I Am a Lawyer
W
W
hile I have no illusions as to
my legacy as CBA president,
I think most lawyers hope to
be remembered as workman-like lawyers:
passionate about what they do and the
profession as a whole.
I had that same feeling when I had
the privilege of meeting with former
general counsel of Procter & Gamble,
Powell McHenry. I have always wanted to
meet Powell — I practiced law for many
years with both his daughter, Gale, and
son-in-law, John McLaughlin, as well as
his life-long friend, Gene Ruehlmann.
He was the last CBA president (197980) to serve while working as an in-house
lawyer. Like myself, he spent 25 years as
a litigator in a larger firm before jumping
to the corporate ranks.
Now, you can say “I know Powell
McHenry and, Weigel, you’re no Powell
McHenry.” I get it. But Powell’s message
and story made me proud to be a part of
this profession. He is a great storyteller
and a true gentleman.
A West Side native — who still has
a home in Bridgetown when he’s not
in Florida — Powell is the kind of guy
who smiles to recall how his Western
Hills High School football team defeated
Elder his senior year. While waiting to
be called into World War II, he started
college with no clear direction. “I knew
I wanted to be a doctor or a lawyer, but I
really didn’t know what a lawyer did,” he
said. “And I didn’t want to compete with
the guys who were becoming doctors. I
knew they were really smart.”
After serving in the U.S. Navy from
1944-46 — including training in the
By Breck Weigel
science and servicing of radar and sonar,
new technology at the time — he finished
his undergraduate degree at UC in political science and economics. He married
Venna in 1948, and started law school at
Harvard “because one of my professors
said to go to one of the top law schools.”
Three years later, after meeting the part-
Breck Weigel, right, talks with Powell McHenry after
a laugh-filled lunch.
ners at Dinsmore, including yet-to-be
Supreme Court Justice Potter Stewart, he
landed a job in his hometown.
It was a time of much change in
the legal world. Far-reaching antitrust
rulings impacting P&G, Federated
Department Stores and others were
changing the way companies did business. Powell found himself on the cutting
edge of a practice area that would dominate commercial litigation for years to
come.
Powell was invited to join P&G in
1975. By 1976, he became general counsel
— just as the “shared monopoly” theory
was being tested — and rejected — by the
Federal Trade Commission.
Beginning in 1980, 2,500 product
liability suits and claims were brought
against P&G alleging that Rely tampons
caused toxic shock syndrome, a new and
poorly understood disease. Powell engaged a team of Dinsmore lawyers, led by
Tom Calder and Frank Woodside, who
successfully tried or resolved the cases
over the following years.
Powell retired from Procter in 1991.
At that time, the legal staff there had
grown to 138 attorneys and was one of
“the largest firms in the city.”
Powell also fondly recalls his service
to the CBA. “Martha Jane (Perin) called
me in the early 1970s to be on the board.”
It was no coincidence that Potter Stewart
addressed the CBA Annual Meeting that
year in 1979 when Powell took office as
president. He’s proud of how the CBA
supports the community, education
for lawyers and enhances the image of
lawyers.
At 85, the now-widowed father of four
and grandfather of 11, divides his time
between Bridgetown and Naples, Fla. He
still practices law principally representing “clients who don’t pay me.”
“I want to keep my ticket…it’s my
identity,” Powell said. “I am a lawyer.”
May it be so for all of us.
Breck Weigel is the 2011-2012 president of the
Cincinnati Bar Association.
4 March 2012 CBA REPORT www.CincyBar.org
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cover article
Ohio’s New Law Combats
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Prescriptio
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O
hio is engulfed by an epidemic
of prescription drug abuse, and
lawmakers have taken aim at
rogue medical practices that operate as
“pill mills.”1 H.B. 93 took effect on May
20, 2011, and imposed strict new controls
that impact both individual physicians
and pain management clinics. The new
law was based, in part, on findings
from the report of the Ohio Prescription Drug Abuse Task Force issued in
2010.2 The Task Force reported that
the death rate from unintentional drug
overdoses increased by more than 300
percent from 1999 to 2008. Prescription
pain medications such as methadone,
oxycodone, hydrocodone and fentanyl
are largely responsible for this alarming
increase. In fact, prescription opioids
are associated with more overdoses than
any other prescription or illegal drug,
including cocaine and heroin. Based on
the significant increase in unintentional
drug poisoning, the General Assembly
declared the Act to be an emergency
measure necessary for the immediate
preservation of the public peace, health,
and safety.3
Representative Terry Johnson, a
physician that co-sponsored the bill,
stated that in addition to the loss of life,
the trade in diverted prescription drugs
in Southern Ohio has created a shadow
economy involving huge quantities and
exorbitant profits.4 In Scioto County,
where Dr. Johnson practices, oxycodone
sells for $80 a pill. “No one should suffer
in pain needlessly, and legitimate sufferers must continue to receive needed
medication, but the abuse has to stop,”
Johnson stated.
www.CincyBar.org By Rosemary D. Welsh
Multiple factors have combined to exacerbate the epidemic. Beginning in the
1990s, medical professionals recognized
that pain was under-treated in clinical
settings, and new practice parameters
were developed at both the national and
state levels. In 1998, the State Medical Board of Ohio adopted standards
of care for the treatment of intractable
pain that were directed primarily to end
of life care.5 A physician that treated
intractable pain with prescription drugs
was subject to disciplinary action by the
Medical Board only if the prescription
drugs were not utilized in accordance
with the rules.6 Such changes in medical practice, coupled with aggressive
marketing strategies by pharmaceutical companies and direct marketing to
consumers, resulted in a growing use
of prescription pain killers throughout
Ohio. The unlawful diversion of these
regulated drugs has flooded illicit markets with controlled substances, fueling
the epidemic.
H.B. 93 provides a multi-pronged
approach to curtailing the epidemic that
includes licensing and regulation of pain
management clinics, limits on controlled
substances, changes to the automated
prescription reporting system, and revision of the legal basis for pain treatment
with dangerous drugs.
Regulating Pain Clinics
The bill defines a pain management
clinic as a facility for which the primary
component of practice is treatment of
pain or chronic pain and which includes
the use of controlled substances, tramadol, or carisoprodol for the majority
of patients.7 Even a family practice, an
internal medicine practice, or other type
of practice that is not limited to pain
management is classified as a pain management clinic if these two criteria are
met. However, the administrative rules
for pain management clinics adopted by
the State Medical Board of Ohio provide
an exclusion. Patients who are being
treated with controlled substances for an
injury or illness that lasts or is expected
to last 30 days or less are not considered
in the calculation of the majority.8
Existing Ohio law has long required a
terminal distributor of dangerous drugs
to be licensed by the Ohio State Board
of Pharmacy.9 The bill establishes “pain
management clinic” as a classification of
terminal distributor.10 In addition to the
requirements applicable to all terminal
distributors, licensees with a pain management clinic classification must also
demonstrate that the facility is owned
and operated by one or more physicians
licensed to practice medicine or osteopathic medicine, ensure that employees
comply with requirements for the operation of pain management clinics, submit
criminal records checks of any owner
of the facility to the Pharmacy Board,
ensure no employees have been convicted
of or pleaded guilty to a felony, and
maintain a list of persons with ownership
of the facility.11
An applicant that meets the requirements for operation of a pain
management clinic will be licensed
as a category III terminal distributor
of dangerous drugs.12 A category III
license authorizes the holder to possess,
have custody or control of, or distribute
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March 2012 CBA REPORT 5
cover article
any controlled substance contained in
schedule I, II, III, IV, or V.13 The General
Assembly charged the Medical Board
with adopting standards and procedures
for the operation of pain management
clinics, and these rules became effective
August 31, 2011.14
The new rules require a pain management clinic to have proper equipment,
materials, and personnel on the premises
to provide appropriate medical treatment
as required by the minimal standards
of care.15 The clinic must comply with
the Drug Prevention and Control Act,
21 U.S.C. 801, et seq., and Chapters 3719,
4730 and 4731 of the Revised Code and
conduct a quality assurance program
to monitor and evaluate the quality and
appropriateness of patient care. A daily
log of patients, personally signed by each
patient, must be maintained for seven
years. Each patient must give informed
consent prior to the start of treatment,
with full disclosure as to the nature and
purpose of the treatment and its risks
and benefits. The background, training,
certification and licensure of all clinical
staff must be documented, and licensure
and certification must be verified annually. Adequate billing records must be
maintained, and patient records must be
kept for seven years from the last date of
treatment.
New Limits on Prescribers
Individual physicians, podiatrists,
and dentists that prescribe controlled
substances are also subject to new requirements. The bill limits the amount
of controlled substances that prescribers
may personally furnish each month and
in any 72-hour period.16 “Personally
furnish” refers to a provider’s providing a whole or partial supply of drugs to
a patient for the patient’s personal use,
but not the direct administration of a
drug to a patient. In any 30-day period,
the combined amount of controlled
substances personally furnished by a
prescriber may not exceed 2,500 dosage
units. In any 72-hour period, the amount
of a controlled substance provided to or
for a patient may not exceed the amount
necessary for the patient’s use in a 72hour period. Methadone is an exception.
When personally furnished to a patient
to treat drug addiction, methadone does
not count toward the limits.17
Ohio’s Automated Reporting
In 2006, the Ohio State Board of
Pharmacy established the Ohio Automated Rx Reporting System, a drug
database known as “OARRS,” to monitor
the misuse and diversion of controlled
substances and other dangerous drugs.18
OARRS can be used to generate a report
regarding a specified patient’s prescription history of schedule II through V
controlled substances, carisprodol, or
tramadol (“reported drugs”).19 Wholesale distributors and certain terminal
distributors are required to report information to OARRS regarding the delivery
and dispensing of dangerous drugs.20
Prescribers must register on-line to gain
access to OARRS, both to submit reports
and to review a patient’s prescription
history.
The bill provides a new reporting
requirement for prescribers who personally furnish controlled substances
or other dangerous drugs specified by
the Pharmacy Board.21 For purposes of
OARRS, the Ohio Administrative Code
defines “personally furnish” as “the
distribution of drugs by a prescriber to
the prescriber’s patients for use outside the prescriber’s practice setting.”22
A licensed health care professional
that personally furnishes a controlled
substance, carisprodol, or tramadol to
a patient must report the following information to OARRS:
• Prescriber identification;
• Patient identification;
• The date the prescriber furnished the
drug;
• Whether the drug is new or a refill;
• Name, strength and national drug
code of the drug;
• Quantity of the drug furnished;
• The number of days’ supply furnished; and
• Source of payment for the drug
furnished.23
Besides complying with reporting
requirements, in certain cases health
care practitioners must also access and
review the OARRS prescription history
for their patients. Each licensing entity,
i.e., the boards for physicians, pharmacists, dentists, nurses, optometrists, and
physician assistants, must adopt rules
implementing the new OARRS review
requirements. The Medical Board’s new
rules became effective on November 10,
2011, and direct physicians to consult
OARRS for guidance in determining whether a reported drug should be
prescribed or personally furnished to a
patient. If a physician believes or suspects that a patient may be abusing or
diverting drugs, the new rule directs the
physician to “use sound clinical judgment” in determining whether to use a
reported drug.24 If the patient exhibits
the following warning signs of drug
abuse or diversion, however, an OARRS
report is mandatory:
(a) Selling prescription drugs;
th
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l
(b) Forging or altering a prescription;
(c) Stealing or borrowing reported
drugs;
(d) Increasing the dosage of reported
drugs in amounts that exceed the
prescribed amount;
6 March 2012 CBA REPORT www.CincyBar.org
cover article
(e) Having a drug screen result that
is inconsistent with the treatment
plan or refusing to participate in a
drug screen;
(f) Having been arrested, convicted
or received diversion or intervention in lieu of conviction for a drug
related offense while under the
physician’s care;
(g) Receiving reported drugs from multiple prescribers, without clinical
basis; or
(h) Having a family member, friend,
law enforcement officer, or health
care professional express concern
related to the patient’s use of illegal
or reported drugs.25
Other signs of possible abuse or
diversion include:
(a) A known history of chemical abuse
or dependency;
www.CincyBar.org (b) Appearing impaired or overly sedated during an office visit or exam;
(c) Requesting reported drugs by
specific name, street name, color, or
identifying marks;
(d) Frequently requesting early refills of
reported drugs;
(e) Frequently losing prescriptions for
reported drugs;
(f) A history of illegal drug use;
(g) Sharing reported drugs with another person; or
(h) Recurring emergency department
visits to obtain reported drugs.26
Under the rule, a physician that
detects these signs of possible abuse or
diversion may, but is not required, to
request an OARRS report of the patient’s prescription history. Even where
a physician has no reason to believe that
a patient may be abusing or diverting
drugs, a physician who prescribes or
personally furnishes reported drugs must
obtain an OARRS report where treatment with dangerous drugs will continue
for more than twelve continuous weeks
and at least once annually thereafter.27
The Ohio State Medical Association has
strongly encouraged all physicians who
currently or may potentially prescribe
reported drugs to register with OARRS.28
As a result, OARRS has experienced a
high volume of applications. According
to Danna Droz, administrator of the
prescription monitoring program for the
Oho State Board of Pharmacy, the time
required to process registrations has
stretched to nearly a month. Ohio does
not have jurisdiction over federal facilities, however, and Droz stated that at
present practitioners working at Veterans
Administration hospitals and military
bases do not participate in OARRS. The
Pharmacy Board is working with the
Ohio VA to enable practitioners to con-
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March 2012 CBA REPORT 7
cover article
tribute to and receive information from
OARRS.29
New Legal Standards
In 1997, the General Assembly
directed the Medical Board to establish
standards and procedures for diagnosing
and treating what was termed “intractable pain.”30 Intractable pain was defined
as “a state of pain that is determined, after reasonable medical efforts have been
made to relieve the pain or cure its cause,
to have a cause for which no treatment
or cure is possible or for which none has
been found.”31 The statute contemplated
managing intractable pain by the use of
“dangerous drugs in amounts or combinations that may not be appropriate
when treating other conditions.”32 The
rules promulgated by the Medical Board
were codified in Chapter 4731-21 of the
Ohio Administrative Code and set forth
accepted and prevailing standards of care
for the treatment of intractable pain.33
H.B. 93 changed the legal basis for
the treatment of pain. The bill replaced
the term “intractable pain” with “chronic
pain,” which is defined as “pain that has
persisted after reasonable medical efforts
have been made to relieve the pain or
cure its cause and that has continued,
either continuously or episodically, for
longer than three continuous months.”34
While recognizing that pain may extend
beyond the normally expected healing
period, the addition of a specific duration
for pain to qualify as “chronic,” i.e., three
continuous months, sharpens the definition. Pain associated with a terminal
condition or with a progressive disease
that may reasonably be expected to result
in a terminal condition is specifically
excluded from the definition of “chronic
pain.”35
The bill left intact the requirement for
a physician to maintain a record of the
following information:
1.Medical history and physical examination of the individual;
2.The diagnosis of chronic pain,
including signs, symptoms, and
causes;
3.The plan of treatment proposed,
the patient’s response to treatment,
and any modification of the plan of
treatment;
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4.The dates on which dangerous
drugs were prescribed, furnished, or
administered, the name and address
of the individual to or for whom the
dangerous drugs were prescribed,
dispensed, or administered, and the
amounts and dosage forms for the
dangerous drugs prescribed, furnished, or administered; and
5.A copy of the report made by the
physician or the physician to whom
referral for evaluation was made.36
With the new definition in place, the
Medical Board must adopt new rules
regarding the standards and procedures
to be followed in the diagnosis and treatment of “chronic pain” and develop new
continuing medical education courses.37
According to Michael Miller, the Medical
Board’s program administrator for policy
and governmental affairs, the Board will
begin work on the new rules in February.
A multidisciplinary advisory panel including pharmacists, nurses, and medical
specialists will make recommendations
and prepare a draft of the new rules for
the Board’s consideration.
Although H.B. 93 changed the
terminology from “intractable pain” to
“chronic pain,” the guidelines for clinical
practice to be adopted by the Medical
Board are likely to retain the essential
elements of the existing rules and to
increase the emphasis on informed
consent. Rule 4731-21-02 of the Ohio Administrative Code currently requires an
initial evaluation that includes complete
medical, pain, alcohol and substance
abuse histories, assessment of the impact
of pain on physical and psychological
function, review of previous diagnostic
studies and therapies, an assessment of
co-existing illnesses, diseases or conditions, and a physical examination.38 The
medical diagnosis must be documented
along with the signs, symptoms, and
causes of pain. An individual treatment
plan is also documented with the medical justification for treatment of pain
with prescription drugs on a protracted
basis, the intended role of prescription
drug therapy within the overall plan,
and noting other medically reasonable
pain treatments that have been tried. The
patient must be counseled as to the risks
and benefits of receiving prescription
drug therapy and of available treatment
alternatives, and the patient’s informed
consent must be retained in the patient’s
medical record.
After establishing the treatment
plan, the practitioner must see the
patient at appropriate intervals to assess
the efficacy of treatment, to assure that
prescription drug therapy remains indicated, to evaluate progress, and to note
any adverse drug effects. The practitioner
must also assess functional status, the
intensity of pain, and any interference
with activities of daily living, quality of
life, and social activities. The practitioner
may obtain a drug screen if warranted,
and the results should be documented.
If the practitioner believes that the
patient is suffering from addiction or
drug abuse, the rule requires immediate
consultation with an addiction medicine
or substance abuse specialist.
“Lock-In” Program Established
Drug-seeking patients have become adept at increasing their access to
prescription medication by requesting
treatment from multiple practitioners
simultaneously. A dentist prescribing a
pain killer following a tooth extraction,
for example, may not be aware that the
patient is already receiving narcotics
for a disc herniation. Where Medicaid
recipients have over-utilized Medicaid
services, federal law allows states to
restrict Medicaid recipients to designated
providers. Consistent with federal law,
H.B. 93 requires each Medicaid managed
care organization and the fee-for-service
component of the Medicaid program
to implement a coordinated services
program for Medicaid recipients who
are found to have obtained prescription
drugs at a frequency or in an amount
that is not medically necessary.39 Also
referred to as a “lock-in,” a coordinated
services program generally requires a
Medicaid recipient to choose a single
pharmacy as the provider for prescription medication, thereby minimizing the
likelihood that a recipient will overuse
prescription pain medication. Before dispensing any prescription, a pharmacist
must review the patient profile to identify
over-utilization, therapeutic duplication,
and evidence of abuse/misuse, among
other things.40
8 March 2012 CBA REPORT www.CincyBar.org
cover article
The bill also requires the Administrator of the Ohio Bureau of Workers’
Compensation (BWC) to implement a
similar coordinated services program
for claimants that have obtained prescription drugs at a frequency or in an
amount that is not medically necessary.41
The Bureau already evaluates claims to
ensure that injured workers are receiving appropriate medical services, which
should facilitate implementation of a
coordinated services program for workers’ compensation claimants.
Workers’ Comp Pain Treatment
The Ohio Administrative Code provides that medical supplies and services
will be considered for payment under the
Workers’ Compensation Act “when they
are medically necessary for the diagnosis and treatment of conditions allowed
in the claim, are causally related to the
conditions allowed in the claim, and are
rendered by a health care provider.”42 In
State ex rel. Miller v. Industrial Commission, 71 Ohio St.3d 229, 231 (1994), the
Ohio Supreme Court set forth a threepronged test for authorizing medical
services under the Workers’ Compensation Act:
1.Are the medical services reasonably
related to the conditions allowed in
the claim?
2.Are the medical services reasonably
necessary for treatment of the industrial injury?
3.Is the cost of these services medically reasonable?
In a 2004 Position Paper regarding
the use of prescription medication for the
treatment of intractable pain, the Bureau
acknowledged both the three-pronged
test set forth in Miller and the administrative rules governing prescriptions
of controlled substances.43 “Since these
rules provide the legal authorization and
criteria for use of prescription drugs for
treatment of intractable pain, they must
also be followed by physicians providing
opinions for authorization of payment
for such medications in claims in either
file reviews or independent medical
evaluations for BWC.” As long as a treating physician complies with these rules,
the Bureau stated that “the use of pre-
scription medication for the treatment of
chronic intractable pain is acceptable in
Ohio on a protracted basis or in amounts
or combinations that may not be appropriate when treating other medical
conditions.” The Bureau has contacted
the Medical Board regarding its new
rules, and it is likely that the Bureau will
approve the extended use of prescription
medication for the treatment of chronic
pain prescribed in accordance with the
new standards and procedures to be
adopted by the Medical Board.
Unintended Consequences
The General Assembly, the Medical Board, and the Pharmacy Board are
united in opposing improper prescription, dispensing, and use of dangerous
drugs while at the same time assuring
that medically necessary treatment for
pain continues to be provided. Physicians
that practice in the area of pain management, however, have expressed concern
that the broad definition of “pain
management clinic” contained in H.B.
93 will inevitably curtail the availability
of legitimate pain treatment. Under the
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www.CincyBar.org Mike Kaufman, Todd Bailey, Sherry Davis,
Bea Larsen, Jerry Lawson, Lori Ross
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March 2012 CBA REPORT 9
cover article
bill, any medical practice for which the
primary component of practice is treatment of pain or chronic pain and which
includes the use of controlled substances,
tramadol, or carisoprodol for the majority of patients is a “pain management
clinic” and subject to significant additional regulations. 44
Some practitioners believe that the
impact of this section of the bill has
been significantly misjudged. A family
practice that includes a high percentage
of geriatric patients treated for osteoarthritis or degenerative disc disease, for
example, could result in more than 50
percent of patients receiving pain treat-
ment with controlled substances. Even
though a family physician who is very
familiar with the patient’s entire medical history is often in the best position
to manage chronically painful conditions, the physician may be deterred by
the regulatory burdens that accompany
a “pain management clinic” classification and simply abandon the use of
controlled substances to treat pain. Such
a result is not likely to be in the patient’s
best interest, particularly where the
patient has a dual diagnosis of chronic
pain coupled with bi-polar disorder
or schizophrenia. According to a pain
management physician who practices in
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Cincinnati, adequate treatment of the
underlying mental health issue is essential to forestall overconsumption of pain
medication triggered by anxiety or other
mental illness, and most pain management clinics are not in the best position
to provide mental health treatment. In
addition, persons that have become addicted to narcotic medication may simply
turn to street drugs such as heroin and
cocaine if their access to pain pills is cut
off – essentially trading one problem for
another. Such unintended consequences
may come to light as H.B. 93 is fully
implemented.
Conclusion
The American College of Surgeons
has lauded Ohio’s success in passing
laws to combat the epidemic of prescription drug abuse – one of only two states
to stymie pill mills legislatively.45 In
light of the abuse of prescription opioids
continuing to rise more than 400 percent
in ten years, more states must act to
protect both patients and physicians. In
2001, the American Pain Society issued a
joint statement with twenty other health
organizations and the Drug Enforcement
Administration entitled “Promoting
Pain Relief and Preventing Abuse of Pain
Medications: A Critical Balancing Act.”46
The consensus statement recognized that
prevention of drug abuse “should not
hinder patients’ ability to receive the care
they need and deserve.” That balancing
act will be critical as Ohio’s policy makers adopt the rules to implement H.B.
93.
Welsh is of counsel with Vorys, Sater, Seymour and
Pease LLP. Her practice encompasses a broad range
of workplace issues, including workers’ compensation,
retaliatory discharge, intentional torts and toxic
exposures.
1 In August 2011, for example, a Scioto County physician,
John S. Temponeras, M.D., lost his medical license after
authorizing thousands of prescriptions for controlled
substances without individualized treatment plans for
each patient, knowing that the prescriptions would
likely be filled by an unregistered dispensary owned
by his daughter, Margy Temponeras, M.D., and failing
to maintain adequate records of inventory. The State
Medical Board of Ohio indefinitely suspended Dr.
Margy Temponeras’s medical license by order dated
January 11, 2012. It has been appealed in the Franklin
County Court of Common Pleas.
2 Ohio Prescription Drug Abuse Task Force Final Report
and Task Force Recommendations, October 1, 2010.
3 H.B. 93, Section 3.
4 Capitol Connection Bill History for H.B. 93, 129th General Assembly.
10 March 2012 CBA REPORT www.CincyBar.org
cover article
5 OAC Chapter 4731-21.
6 OAC 4731-21-06(B).
7 R.C. 4731.054(A)(4)(a). While not narcotics, tramadol and carisprodol
have been identified as having a high potential for abuse.
8 OAC 4731-29-01(A)(5)(c)(ii).
9 R.C. 4729.01(Q) defines terminal distributor of dangerous drugs as
“a person who is engaged in the sale of dangerous drugs at retail,
or any person, other than a wholesale distributor or a pharmacist,
who has possession, custody, or control of dangerous drugs for any
purpose other than for that person’s own use and consumption,
and includes pharmacies, hospitals, nursing homes, and laboratories
and all other persons who procure dangerous drugs for sale or
other distribution by or under the supervision of a pharmacist or
licensed health professional authorized to prescribe drugs.”
Practiced
in the art of
10 R.C. 4729.552.
11 R.C. 4729.552(B)(1)-(5).
12 R.C. 4729.552.
13 R.C. 4729.54(E)(5); R.C. 4729.54(A)(3); R.C. 3719.41.
14 R.C. 4731.054(C); OAC 4731-29-01.
15 OAC 4731-29-01(B)(6).
16 R.C. 4729.291(C)(1).
17 R.C. 4729.291(C)(2)(b).
18 R.C. 4729.75. Currently, Ohio is one of 48 states that either have
operating prescription monitoring programs or have passed legislation to implement monitoring programs. The Alliance of States with
Prescription Monitoring Programs, http://pmpalliance.org/content/
state-pmp-websites, accessed January 27, 2012.
19 R.C. 4729.80(A); OAC 4731-11-11(A)(5).
20 R.C. 4729.77 and R.C. 4729.78.
21 R.C. 4729.79.
22 OAC 4731-11-11.
23 R.C. 4729.79(A).
24 OAC 4731-11-11(B).
25 OAC 4731-11-11(B)(1).
26 OAC 4731-11-11(B)(2).
27 OAC 4731-11-11(C).
28 Medical Board OARRS Rule Finalized, OSMA, September 23, 2011.
29 Danna Droz, Administrator, Prescription Management Program,
Ohio Board of Pharmacy, personal communication, January 27, 2012.
30 R.C. 4731.052.
31 R.C. 4731.052(A)(2).
32 R.C. 4731.052(B).
33 OAC 4731-21-02(A).
34 R.C. 4731.052(A)(2).
35 R.C. 4731.052(A)(2).
36 R.C. 4731.052(C). H.B. 4731.052(C)(2) to refer to “chronic pain”
rather than “intractable pain.”
37 R.C. 4731.052(B); R.C. 4731.283.
38 OAC 4731-21-02(1).
39 R.C. 5111.085.
40 OAC 4729-5-20.
41 R.C. 4121.50.
mediation
Randy Freking and Jeff Betz have both been trained in
mediation at the Pepperdine School of Law's Strauss
Institute. Both believe in using facilitative and evaluative techniques, as appropriate, in order to achieve an
acceptable resolution of a dispute. Randy and Jeff are
available to serve as co-mediators or as single mediators,
at the parties’ discretion.
For further information, please feel free to contact
either Mr. Freking or Mr. Betz directly
42 OAC 4123-6-25.
43 Ohio Bureau of Workers’ Compensation, Position Paper on Utilizing
Prescription Medications for the Treatment of Intractable Pain, January 2004; OAC Chapter 4731-21.
Call 513-721-1975
44 R.C. 4731.054; OAC Chapter 4731-29.
45 Macias, A., “State legislatures attempt to shut down the pill mills,”
Bulletin of the American College of Surgeons,Vol. 96, No. 11,
November 2011, 38-39.
46 “Promoting Pain Relief and Preventing Abuse of Pain Medications: A
Critical Balancing Act,” a Joint Statement from 21 Health Organizations and the Drug Enforcement Administration (October 2001).
www.CincyBar.org l
March 2012 CBA REPORT 11
tech tip
Mastering PDF:
Tips & Tools for Creating PDF documents
PP
ortable Document Format (PDF)
is the de facto standard for the
secure and reliable distribution
and exchange of electronic documents
and forms and creating professional
PDF documents has become easier than
ever. There are web services, computer
software applications, and printer subsystems that allow the user to create PDF
documents from scanned paper documents and other file formats. Using PDF
files solves many common file-sharing
problems, from preserving the look-andfeel of the original document to allowing
anyone, on any platform, to view, navigate, and print documents using the free
Adobe Acrobat Reader.
Tip 1: Before you purchase a PDF
converter or download a program, check
to see if the software that you already
have installed on your computer has a
PDF converter. For example, Microsoft
Office 2010 programs, including Word,
Excel, and PowerPoint, allow you to save
files as PDF documents. You can open
any word document and click “Save As”
and then choose file type PDF. It also
allows you to choose a standard PDF or
one minimized for smaller file size. You
can add tags, a title, and an author to the
PDF.
Tip 2:
If you are simply looking to
purchase a program that offers every
feature available for PDF creation and
manipulation, then Adobe X Pro is one
of the best programs on the market. It allows you to create, edit, and mark up rich
media PDF documents. It also allows you
l
By Emily M. Janoski-Haehlen
to create writable or fillable PDF documents. Another great feature is it allows
you to quickly convert PDF files to Word
documents or Excel spreadsheets. It can
convert part or all of a PDF document
to Word or Excel and also allows you
to turn scanned paper documents into
editable Word documents using optical
character recognition (OCR) technology. You can purchase a copy at any local
store that carries computer software
or download a copy from the web (see
sidebar). However, there are plenty of
alternatives to purchasing a full Adobe
software package.
Tool 1: Web Services
There are many commercial and free
web sites that will convert files to PDF
files. Most of these sites support conversion from at least Microsoft Office files,
graphics formats, web pages, and various
other file types to PDF files. One of the
best commercial sites is Adobe CreatePDF Online. This site lets you convert
a variety of documents into Adobe PDF
files that anyone can view using the free
Adobe Acrobat Reader. It also provides
the ability to convert scanned documents to PDF and Scanned text becomes
editable with Adobe’s optical character
recognition (OCR) technology. There
is a subscription fee of $9.99 per month
or a discounted rate if you pay for a full
year in advance. The subscription also
gives you access to a desktop application
that allows you to create PDF documents
without being online.
Neevia Document Converter eXPress is a free web-based service that lets
you convert your documents into PDF
files. Supported formats include Microsoft Office files, graphics formats, and
other document formats. This site does,
however, limit your documents to 2 MB
per file. This site requires you to open the
file and then you can either wait for the
PDF to open in your browser and then
save it or you can have it emailed to you.
Some sites actually require you to
upload the file to the site and then the
site sends you the PDF via e-mail, so be
Resources for Tools in This Article
Adobe X Pro: http://www.adobe.com
Adobe CreatePDF Online: https://www.acrobat.com/createpdf/en/home.html
Neevia Document Converter eXPress: http://docupub.com/pdfconvert/
CutePDF Writer: http://www.cutepdf.com/products/cutepdf/writer.asp
Create Adobe PDF (for Mac): http://www.adobe.com
Bullzip PDF Printer: http://www.bullzip.com/products/pdf/info.php
12 March 2012 CBA REPORT www.CincyBar.org
tech tip
careful what you upload to these sites because they can retain a copy if the terms
and conditions allow it.
Tool 2:
Printer Subsystems Converter Software
You can also download and install
printer subsystem converters to create
PDF files from any Windows application
that has a print menu available. These
printers allow you to take a document
and save it as a PDF file by using the
print command in any application. The
printer then converts the existing file to
a PDF file.
CutePDF Writer provides a free
version of this type of PDF converter
software. It is very easy to install and
easy to use.
An Adobe PDF printer for Windows
can also be installed as a feature on any
application print menu. Pricing depends
on whether or not other Adobe products
are installed on your computer.
For Mac users, Create Adobe PDF
allows you to create a PDF file from any
application using the AdobePS 8.6 PostScript printer driver for free. It makes
creating PDF files on Mac OS as easy as
printing to a printer.
The Bullzip PDF Printer works as a
Microsoft Windows printer and allows
you to write PDF documents from virtually any Microsoft Windows application.
It is free for the first 10 users and then a
commercial license must be purchased.
Janoski-Haehlen is the associate director of law library
services at the Samuel P. Chase College of Law at
Northern Kentucky University.
The devil
is in the data.
• Computer Forensics
• Electronic Data Discovery
• Legal Document Services
onesourcediscovery.com
Contact Chris Miller for more information
513.519.2133/[email protected]
www.CincyBar.org l
March 2012 CBA REPORT 13
feature article
Finding it
Fast and Free
on the Internet
CC
ontemporary internet-based
research services present several
free— or nearly free— legal research tools. This article surveys a few of
the best. From primary sources such as
court opinions and statutes to secondary
sources such as encyclopedia entries and
scholarly literature, these resources can
provide fast and free insight into legal
issues.
Google Scholar1 is a great website for
case-law research, and provides a familiar and intuitive user interface. Google
Scholar allows users to search and read
the published opinions of state appellate and supreme court cases since 1950;
U.S. federal district, appellate, tax and
bankruptcy courts since 1923; and U.S.
Supreme Court cases since 1791.2 The basic search feature allows a user to begin a
search in a “Legal opinions and journals”
database using any search term, including keyword, case citation, and party
names. For example, a search for “KSR
v. Teleflex” identifies the U.S. Supreme
Court decision3 relating to patent law as
the first-ranked result. Following a link
to the case provides the complete text
of the Supreme Court decision, including Supreme Court Reporter pagination
information. The text of the case includes
clickable links to the references cited in
the decision, allowing quick and easy access to the cited references. An advanced
search4 feature is also available that
allows greater control over a search. For
example, options are presented for entering search terms in such fields as “with
all of the words”, “with the exact phrase”,
“with at least one of the words”, “without
l
By Derek Somogy
the words”, and “where my words occur”.
In addition, the advanced search feature
allows a user to restrict search results
to cases from a particular state, cases
from the U.S. Supreme Court, all federal
appellate courts, a particular federal appellate court and its lower district courts,
the federal tax courts, and user-defined
combinations of the same. The search
results, whether identified through the
basic search or the advanced search,
may be restricted based on the year of
publication, with a drop-down menu
providing such options as “anytime”,
“since 2012”, “since 2011,” and the like.
In addition to the text of a case,
Google Scholar provides a “How Cited”
feature that provides information about
how the case has been cited by other
courts and in other literature. This information includes propositions of law as
well as links to related cases and articles.
For example, and with respect to the KSR
v. Teleflex case, the “How Cited” feature
lists several propositions of law from
that case, including, “The combination
of familiar elements according to known
methods is likely to be obvious when
it does no more than yield predictable
results”. A link to a case5 citing to KSR
v. Teleflex for that proposition is identified. In addition, the “How Cited” feature
includes a list of references that cite to
a case. For example, there are presently
1,887 citing documents associated with
the KSR v. Teleflex decision, including
other court decisions, books, and scholarly literature. While court decisions
are readily accessible through Google
Scholar, free access to the books and
scholarly literature identified through the
“How Cited” feature is less consistently
available. In some instances, a link to a
free PDF is provided. In other instances,
however, only bibliographic information
is identified for books, and links associated with scholarly literature direct a
user to a fee-based access service (such as
HeinOnline).
Beyond legal resources, Google
Scholar allows a user to search literature
in other fields including biology, environmental science, business, chemistry
and material science, engineering, medicine, social sciences and the humanities.6
An e-mail alert feature is also available,
allowing a user to define search terms
and other criteria and to receive an
e-mail when responsive new content is
identified.
Casemaker is another legal research
tool and is available through the Ohio
State Bar Association’s website7. Free for
OSBA members, Casemaker includes a
50-state library and a federal library.8
The Ohio Library, for example, allows
users to search or browse the following
collections: Administrative Code, Attorney General Opinions, Case Law, Civil
Rights Commission, Constitution, Ethics
Opinions, Federal Rules, Ohio Jury
Instructions, OSBA Jury Instructions,
OSBA Report Online, Revised Code, Session Laws, State Court Rules, Unreported
Apps 1981-May 2002, Verdict Reporter
and Court Forms.9 Casemaker’s Ohio
Library includes Supreme Court cases
reported in the Ohio St. reporter back
to 1894, appellate cases reported in the
Ohio App. reporter back to 1934, other
14 March 2012 CBA REPORT www.CincyBar.org
feature article
court cases from the Ohio Misc. reporter
back to 1964, and slip opinions back to
2002.10
Casemaker’s search capabilities
provide a robust tool for searching any
collection, and instructions for constructing a search are provided on the
search screen. For example, a search can
include any combination of the following
types of search operators11: and (“contract” and “binding”); or (“alimony”
or “support”); not (“property” but not
“commercial”); phrase (the exact phrase
“right of way”); thesaurus (“parole” or
synonyms for “parole”); suffix (the root
word “run” and all variations, including “runs”, “runner”, etc.); intersection
(defining a set of a given number of terms
from a term list); inclusion (must include
a term, like an and search); and proximity
(“tax” within six words of “property”).
Casemaker’s search feature also allows
a user to search by case citation, case
name, docket number, court, attorney,
opinion author, panel, and the date
decided.12 In addition, a browse feature
is associated with each collection and
allows a user to browse through the content of the collection without performing
a specific search.
In addition to its free aspects, Casemaker also makes available fee-based
services, including a form document
library13 and a case citation checker.14
Cornell University Law School’s Legal
Information Institute15 (LII) is another
free legal research tool. In addition
to extensive state and federal library
materials, the LII provides a collection
of “world law” resources16, as well as a
legal dictionary and encyclopedia called
“Wex”.17 The Wex entries can be browsed,
searched, and even edited.18
Wikipedia19 is a free encyclopedia that can be useful for initial issue
research and for identifying primary
legal resources. For example, the entry
for “Federal Rules of Civil Procedure”20
presents a brief history and summary of
the Rules, as well as a link 21 to the text
of the Rules maintained at Cornell’s LII.
Wikipedia’s extensive Index of Law Articles22 reveals that entries exist for a wide
range of legal topics.
Thus, the free legal research tools
made available through the internet
provide a rich source of easily accessed
www.CincyBar.org information. And while they may present
a starting point, these resources may not
necessarily provide a complete substitute
for more conventional approaches to
legal research or legal research that otherwise satisfies an attorney’s obligations
under the Ohio Rules of Professional
Conduct.23
9http://www.lawriter.net/Statecat.aspx?scd=OH
Somogy is a lawyer in the intellectual property firm of
Wood Herron & Evans, where his practice is focused on
patent prosecution in the mechanical arts. dsomogy@
whe-law.com ; 513.241.2324
16http://www.law.cornell.edu/world/
10http://www.lawriter.net/Currency.
aspx?scd=OH&scat=CASES
11. See, for example, the search screen for the Ohio Case
Law library at http://www.lawriter.net/Search.aspx?scd=
OH&scat=CASES&sdcat=Case%20Law
12 Id.
13http://partners.uslegalforms.com/partners/casemaker/
14http://www.lawriter.net/casestore.aspx
15http://www.law.cornell.edu/
17http://www.law.cornell.edu/wex/
18 Id.
19http://www.wikipedia.org/
1http://scholar.google.com/
20http://en.wikipedia.org/wiki/Federal_Rules_of_Civil_
Procedure
2http://scholar.google.com/intl/en/scholar/help.html
21http://www.law.cornell.edu/rules/frcp/
3 KSR Int’l Co. v.Teleflex, Inc., 550 U.S. 398, 127 S. Ct.
1727 (2007).
22http://en.wikipedia.org/wiki/Index_of_law_articles
4http://scholar.google.com/advanced_scholar_search
5 Seiko Epson Corp. v. Coretronic Corp., (Case No. C 066946, N.D. Calif., November 22, 2010).
6http://scholar.google.com/advanced_scholar_search
7http://www.ohiobar.org/Members/Pages/MembersSite.
aspx
23 See, for example, Rule 1.1 (Competence), which states:
“A lawyer shall provide competent representation
to a client. Competent representation requires the
legal knowledge, skill, thoroughness, and preparation
reasonably necessary for the representation. Available
at: http://www.sconet.state.oh.us/LegalResources/Rules/
ProfConduct/profConductRules.pdf
8http://www.ohiobar.org/Members/Pages/StaticPageViewer.aspx?articleID=1375
l
March 2012 CBA REPORT 15
feature article
Institute Prepares
Women for Leadership
II
By Mary W. Sullivan
magine having the opportunity to be
one of a small group of up-and-coming Ohio attorneys who are able to
hear from and interact with current Ohio
Supreme Court justices, current state and
federal court judges, a former attorney
general and auditor of the state of Ohio,
corporate counsel from some of the
major companies in our state, and other
successful attorneys and business people
from around Ohio. Imagine having the
opportunity to hear from those judges
and attorneys about how they made it
to where they are today and to ask them
questions in a personal setting. Imagine
further that every one of the attorneys
in this small group is a woman. That is
exactly what is taking place thanks to the
Ohio Women’s Bar Foundation Leadership Institute.
The Ohio Women’s Bar Foundation,
a 501(c)(3) entity, was established in 2010
by the Ohio Women’s Bar Association
with the goal of increasing the number of
women entering leadership roles in the
legal profession. A group of women who
are recognized leaders in our profession
were invited to form an advisory committee to help guide the formation of a
Leadership Institute for women attorneys. The advisory committee includes
Chief Justice Maureen O’Connor as
well as Justices Judith Ann Lanzinger
and Yvette McGee-Brown of the Ohio
Supreme Court; U.S. District Court Magistrate Judge Vernelis Kinsey Armstrong;
Advisory Committee of the Ohio Women’s Bar Foundation
Leadership Institute
Joan U. Allgood
The Hon. Vernelis Kinsey Armstrong
U.S. District Court,
Northern District of Ohio
Marcia Egbert
The George Gund Foundation
Maria A. Kortan-Sampson
Goodrich Corporation
The Hon. Judith Ann Lanzinger
The Supreme Court of Ohio
Cynthia C. Lazarus
Flying Horse Farms
Margaret J. Lockhart
Coopers & Walinski, LPA
l
The Hon. Yvette McGee Brown
The Supreme Court of Ohio
The Hon. Betty D. Montgomery
Former Attorney General and
Auditor of the State of Ohio
MacMurray Petersen & Shuster
The Hon. Maureen O’Connor
The Supreme Court of Ohio
Kathleen Hayes Ransier
Vorys Sater Seymour & Pease LLP
Mary W. Sullivan
Peck Shaffer & Williams LLP
Maxine S. Thomas
Charles F. Kettering Foundation
former Attorney General and Auditor of
the State of Ohio Betty Montgomery; and
Maria Kortan-Sampson, general counsel
to the Goodrich Corporation. (The complete advisory committee list is below.) I
was honored to be asked to serve on the
advisory committee with such distinguished women.
You might ask why we need another
Leadership Institute. Doesn’t the Ohio
State Bar Association — as well as our
own Cincinnati Bar Association — have
their own leadership institutes? That
question was answered in a recent address by Jennifer Breech Rhoads, the 20th
president of the Ohio Women’s Bar Association. While almost half of law school
graduates are now women, she noted
that “the line tracking women’s share
of leadership roles follows a straighter
downward path as the potential to assume a leadership role rises.” The Ohio
Women’s Bar Association was created to
provide support networks and mentoring
opportunities for women so that women
can claim their rightful share of those
leadership roles.
Through an application process
open to women in practice at least five
years, 11 women from around Ohio were
selected for the Leadership Institute’s
inaugural class. The group includes attorneys from law firms, corporate in-house
counsel and women who work in the
courts.
During six one-day sessions wrapping up this month in Columbus, the
attorneys have the opportunity to hone
their leadership skills and hear from
women who have gone before them facing similar challenges in the workplace.
16 March 2012 CBA REPORT www.CincyBar.org
feature article
The group has had the opportunity to
hear from women rainmakers, including Kelly Mulloy Myers of Freking &
Betz in Cincinnati. They have listened
to Elizabeth Rader from the Cleveland
Clinic Foundation and Maria KortanSampson of the Goodrich Corporation
talk about the client’s perspective of
working with lawyers. The leadership
class has heard about technology and the
ethical issues emerging in the electronic
age from U.S. District Court Mag. Judge
Vernelis Armstrong. Chief Justice Maureen O’Connor is scheduled to speak on
the keys to effective communication.
Judge Penny Cunningham from the First
District Court of Appeals, will join the
chief justice on a panel to discuss how to
communicate with the courts.
And, yes, the class is hearing from
men, as well. Jack Kuntz, former President of First Franklin Corporation and
currently president and CEO of Community Bank Improvement Group in
Cincinnati, spoke about how and why he
hires lawyers to represent his companies
and business interests. Frank Agin of
AmSpirit Business Connections spoke
about how to use social media for networking and marketing.
I had the privilege of addressing the
inaugural class at dinner on the evening
prior to its first session. I welcomed them
as they began their journey of making
new contacts, friends and strides in their
legal professions.
I also had the privilege of participating in the rainmaking panel during the
first session. My advice? Get involved
— whether it is with the Bar Association, in politics (either as a volunteer or
candidate), or for a non-profit corporation. If you don’t know who to contact
about getting involved, ask some of the
other people where you work to see if
they have any contacts with the groups
that interest you. If you are still not able
to make a necessary contact, call your
local bar association. We are quite fortunate in Cincinnati to have the CBA with
members representing so many interests
in our community. Many doors will open
when we give of our time and talents to
others.
Reactions have been uniformly positive from the members of the Leadership
Institute class. Erin Sutton, recently
www.CincyBar.org elected to partnership with Peck Shaffer & Williams, LLP, said the monthly
sessions “inspire me to grow both
personally and professionally as we work
on our ability to step up and become
leaders in not only the legal field but also
in society.” Martha Asseff, an attorney
with Dinsmore & Shohl, summed up the
thoughts of many participants, saying,
“I am so grateful that a cross-section
of women lawyers in Ohio have come
together to invest in our collective professional development.”
If you are interested in becoming a
member of the next Leadership Institute
class starting in September, or if you
know a woman whom you believe should
be a part of that next class, visit the Ohio
Women’s Bar Foundation website at
www.owba.org/foundation. Selection of
the class members will be made in April
and announced at the OWBA’s annual
meeting in Columbus.
Sullivan has been an attorney with the firm of Peck
Shaffer & Williams LLP since 1980, where she practices
in the field of public finance law. She has served on
numerous boards and commissions, including as
chairman of the Ohio Elections Commission, chairman
of the Public Defender Commission of Hamilton
County, President of the Catholic Social Services Board
of Southwestern Ohio, and member of the Seton High
School Board of Trustees, among many others.
l
March 2012 CBA REPORT 17
in the spotlight
Attorney Volunteers Bring
Mock Trial to Life
for High School Students
FF
ifty-two teams representing 26
high schools filled the Hamilton
County Courthouse and worked
tirelessly through two trials in one
night, in an effort to advance to the
regional competition and then hopefully on to state. Through opening and
closing statements, two witnesses, and
direct and cross examinations, the teams
argued whether the use of GPS records
was a violation of the
Fourth Amendment,
a topic in the news
due to the recent U.S.
Supreme Court decision in United States
v. Antoine Jones. More
importantly, students
learned invaluable
lessons about how
our legal system
functions, and also
about logical reasoning, adaptation to
unexpected challenges, the importance
of thorough preparation, and public
speaking.
The Jan. 31 competition, hosted by
the CBA Young Lawyers Section and
supported by the Cincinnati Bar Foundation, provides students a unique and
memorable experience and has proven to
be a training ground for future lawyers
and community leaders. The popularity
and success of the mock trial program in
Hamilton County is a testament to the
strength and dedication of the Cincinnati
legal community and to the bright hope
we have in the next generation of community leaders. Also, it is a substantial
part of the Ohio High School Mock Trial
l
By Jeffrey Krismer and Mallory Sestic Johnson
program, which as a whole is the second
largest in the nation after California.
Once again, we owe a special thanks
to the attorney volunteers who make the
program possible. We needed a record
number of judges to fill the 26 courtrooms and we were able to do it thanks
to the more than one hundred attorneys
and judges who volunteered their time
to judge the competition and offer their
guidance to the students. Without you,
this competition and this wonderful
opportunity for the students cannot
happen.
Second, we want to thank the attorneys who volunteered countless hours
as legal advisors for the high schools. The
legal advisors commit to working with
the students to develop and hone their
skills, and their efforts represent a significant part of the students’ high school
education. We are grateful for your dedication and hard work in representing the
practice of law to a new generation.
Finally, thank you to the CBA staff
especially Jamie Shiverdecker, whose
tireless work made sure the competition
ran smoothly, and to the law student
volunteers from Salmon P. Chase College
of Law and UC College of Law and to attorney volunteer Kenjiro LeCroix.
Participating Schools
(* schools with teams that went on to regional competition;
results from that competition are at www.oclre.org)
Anderson High School
Clark Montessori
Colerain High School*
Deer Park High School*
Elder High School*
Indian Hill High School*
LaSalle High School
Lockland High School
Mariemont High School*
McAuley High School
McNicholas High School*
Moeller High School
Mother of Mercy High School*
Oak Hills High School*
Princeton High School
The Seven Hills School*
St. Ursula Academy
St. Xavier High School*
Summit Country Day*
Sycamore High School*
Turpin High School
Ursuline Academy*
William Henry Harrison High School
Winton Woods High School
Wyoming High School
18 March 2012 CBA REPORT www.CincyBar.org
Thank You
in the spotlight
Volunteer Judges
Susan Bailey-Newell
Ryan Bednarczuk
Lawrence Bennett
Michael Bishop
Allison Bisig Oswall
David Blessing
Merisa Bowers
Christopher Bowman
Zachary Brown
Lynn Busch
Angela Chang
Daniel Choi
Eric Combs
Thomas L. Cuni
Steven Dauterman
Rick DeBlasis
Douglas Dennis
Thaddeus Driscoll
Cynthia Durkin
Christopher Dutton
Rick Enriquez
Jodie Drees Ganote
Harry Finke
Brian Flick
Megan Frient
Elizabeth Fuller
Brenda Gallagher
Jeanne Geoppinger McCoy
Gary Glass
Lawrence Glassman
Robert Alfred Goering
Eric Gooding
John Greiner
Matthew Hannahan
Kerry Hastings
Julie Hein
Douglas Hensley
Tracye Hill
Scott Hoberg
Bruce Hust
Daniel James
Matthew Kissling
Daniel Knecht
David Krall
Patrick Kramer
Sheila Kyle-Reno
David Lafkas
Thomas Landon
Paul Laufman
Mag. Judge Karen Litkovitz
Susanna Lykins
Richard Magnus
Ronald Major
www.CincyBar.org Stephanie Markley
Hon. Steven Martin
Thomas Meade
Michael Menninger
Jeffrey Mikrut
Hatsuki Miyata
James Moore
Richard Moore
William Morriss
Jeremy Neff
Maggie Nestheide
Jason Palmer
Shuva Paul
David Peck
John Pinney
J. Dwight Poffenberger
Christopher Pogue
Lisa Rauch
Brian Redden
Anthony Reiss
George Reul
Michael Roberts
Jennifer Roden
Andrea Rose
Peter Saba
George Schein
Timothy Schirmang
Jane Hils Shea
Aaron Shepherd
Mark Silbersack
Beth Silverman
Jon Sinclair
Phillip Smith
Daniel Smith
Derek Smith
Joseph Sprafka
Dale Stalf
Robert Steinberg
Jade Stewart
Erin Sullivan
John Tafaro
Carolyn Taggart
Ivan Tamarkin
Heather Thompson
Barbara Thornell Ginn
Natalie Wais
Angela Wallace
Breck Weigel
Michael Weisensel
Christopher Wiest
Michele York
Nicholas Ziepfel
Opposite page, Natalie Wais,
left, Daniel Choi and Jeffrey Mikrut
judge a case. Above, Richard Magnus,
Eric Gooding and George Schein
review the scores. At left, Allison Bisig
Oswall, a mock trial alum, listens to
closing arguments.
Legal Advisors
Kimberly Amrine
Zachary Bahorik
Matthew Bakota
Gwendolyn Bender
Maureen Bickley
Joe Brann
Jerry Charls
Nick Coorey
Philip Cummings
Jessica Dipre
Jocelyn DeMars
Thaddeus Driscoll
Cynthia Durkin
Christopher Dutton
Taylor Ehrman
James Englert
Rick Enriquez
Robert Ernst
Shawn Evans
Cindy Fazio
Harry Finke
James Frooman
Patricia Foster
Trista Goldberg
Jack Goldenberg
Thomas Hankinson
Jeanette Hargreaves
Dennis Halaby
Joseph Heyd
Matthew Horwitz
Roxanne Ingles
Donald Lane
Patrick Lane
Kelly Leibold
Ryan Lett
Paul McCartney
Kelly McDow
Erinn McKee-Hannigan
Clay Miller
Brian O’Connell
Erica O’Brien
Ken Patel
David Prem
Ali Razzaghi
Brian Redmond
Chuck Reynolds
Richard Rinear
Michelle Rothzeid
Kevin Ryan
Jack Scott
Cori Stirling
Emily Supinger
Gregory Temming
Molly Vance
M. Linda Weigand
Daniel Wenstrup
Bernard Wong
Courtney Wilson
Rebecca Wright
Nicholas Zingarelli
l
March 2012 CBA REPORT 19
Celebrating 50 Years
Created in 1961 by three members of the Cincinnati Bar Association, the Cincinnati Bar Foundation continues today to
be the only law-related charity in Cincinnati dedicated to promoting justice and changing lives through the law. For more
information on the efforts of the Foundation, contact René McPhedran at (513) 784-9595 or [email protected].
Cincinnati Bar Foundation,
Heart of the Legal Community
Thanks for Your Support
Thanks to the Following Firms for Contributing 100% to the 50/50 Campaign
(Donations as of January 31, 2012)
Baker & Hostettler LLP
Barrett & Weber LPA
Beckman Weil Shepardson LLC
Blank Rome LLP
Boehm Kurtz & Lowry
Buechner Haffer Meyers & Koenig Co. LPA
Burg Simpson Eldredge Hersh Jardine PSC
Cash & Cash LLP
Cohen Todd Kite & Stanford LLC
Cors & Bassett LLC
Crabbe Brown & James LLP
Croskery Law Offices
Dinsmore & Shohl LLP
Donnellon Donnellon & Miller
The Drew Law Firm
Eberly McMahon LLC
Eichel & Krone Co. LPA
Flagel & Papakirk LLC
Freking & Betz LLC
Frost Brown Todd LLC
Gerhardstein & Branch Co. LPA
Goering & Goering LLC
Goodman & Goodman LPA
Graf & Stiebel Co. LPA
Helmer Martins Rice & Popham Co. LPA
Kevin J. Hopper Co., LPA
Barbara J. Howard Co. LPA
Harvey C. Hubbell Trust
Katz Teller Brant & Hild
Keating Muething & Klekamp PLL
Robert A. Klingler Co. LPA
The Lawrence Firm LPA
Lerner Sampson & Rothfuss LPA
Mason Schilling & Mason Co. LPA
Meeks Law Firm Inc.
Montgomery Rennie & Jonson
The Moore Law Firm
Musillo Unkenholt Immigration Law
Niehaus Law Office LLC
O’Connor Acciani & Levy LPA
Tee Time
32nd Annual Quid Pro Am
Monday, May 14
Oasis Golf Club
902 Loveland Miami Rd.
Loveland
Parry Deering Futscher & Sparks PSC
Peck Shaffer & Williams LLP
Porter Wright Morris & Arthur LLP
Rendigs Fry Kiely & Dennis LLP
Robbins Kelly Patterson & Tucker LPA
Santen & Hughes
Schimpf Ginocchio & Mullins Co. LPA
Schuh & Goldberg LLP
Smith Rolfes & Skavdahl Co. LPA
Squire Sanders & Dempsey LLP
Strauss Troy Co. LPA
Taft Stettinius & Hollister LLP
Thompson Hine LLP
Tobias Torchia & Simon
Ulmer & Berne LLP
Wagner & Bloch
Weltman Weinberg & Reis Co. LPA
White Getgey & Meyer
Wood Herron & Evans Co., LLP
Wood & Lamping LLP
Sponsor the 32nd annual Quid Pro Am
and secure the future for the Mock Trial
competition
Whether you are a golfer or not, you can still play an
active role by being a sponsor. The CBA member outing
is a fundraiser presented by the Cincinnati Bar Foundation
to benefit the high school Mock Trial competition. Every
sponsorship dollar will fund the YLS Mock Trial competition.
Portions of the sponsorship are tax deductible.
For more information, call Rene McPhedran at (513) 6991393 or [email protected].
l
20 March 2012 CBA REPORT www.CincyBar.org
Memorial &
Honor Gifts
The Cincinnati Bar
Foundation gratefully
acknowledges the
following gifts:
In Memory of
John H. Burlew
Cincincinnati Bar Association
Terrence M. Donnellon
Howard L. Richshafer
In Memory of
Timothy L. Bouscaren
James B. Helmer Jr.
In Memory of
Bruce L. Cherkala, M.D.
James B. Helmer Jr.
In Memory of
Myron L. Dale
Jill A. Weller
In Memory of
John M. (Jack) Gravitt, U.S.M.C.
James B. Helmer, Jr.
In Memory of
Allison M. Hellings
R. Guy Taft
In Memory of
Richard E. Henkel
Mary C. Henkel
In Memory of
Martin Horwitz
Howard L. Richshafer
Twice Charmed
Win a
trip to
The Greenbrier
Join the Cincinnati Bar Foundation as we offer our latest fundraiser. Win a
“Twice Charmed” trip for two to The Greenbrier, an award-winning resort located in
White Sulphur Springs, W. Va. As a National Historic landmark, the resort’s classic
architecture, exquisite interior design, carefully sculpted landscape, impeccable
service and outstanding amenities have hosted distinguished guests from around
the world since 1778. Surrounded by the wondrous Allegheny Mountains, The
Greenbrier offers exclusive services and amenities such as championship golf, fine
dining, more than 50 activities, designer boutiques, 40,000-square-foot world-class
spa and a 103,000-square-foot gaming and entertainment venue.
Howard L. Richshafer
Enjoy a three-night stay on your 6,500-acre playground and discover an
unparalleled selection of luxury leisure pursuits and outdoor adventures designed to
satisfy and stimulate your widest range of interest.
In Memory of
Gregory A. Ruehlmann Sr.
Tickets are $50 each, with only 250 being sold. The winning ticket will be selected
at the Cincinnati Bar Foundation Quid Pro Am reception on May 14.
In Memory of
Hon. Robert S. Kraft
Glenda Morgan Hertzman
In Honor of
Thomas S. Calder
John E. Jevicky
In Honor of
Hon. William A. McClain’s
99th Birthday
Keating Muething & Klekamp
www.CincyBar.org Prize includes three nights’ accommodations, meals and customized spa/activity
package for two to The Greenbrier. www.greenbrier.com
Value of the package is $3,130.62. All proceeds, less the prize and expenses, will
benefit The Cincinnati Bar Foundation. Complete rules and regulations will be posted
on the website. Tickets will be available for purchase on March 1.
For information or to purchase a raffle ticket, go to www.cincybar.org or contact
Rene McPhedran at (513) 699-1393 or [email protected]
l
March 2012 CBA REPORT 21
committee corner
For more information about becoming involved in any CBA practice committee,
contact Dorothy Schultz at (513) 699-1404 or [email protected].
CBA Committees
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.
March Meetings
6
Health Law
Taxation
7
ADR
Local Government
LRIR
8
Employee Benefits
Workers’ Compensation
Chair: Estate Planning
Firm: Santen & Hughes
Practice Area: Estate planning, probate and trust law and related litigation
Law School: UC College of Law
What kind of issues do you find most interesting in your practice
committee? Estate planning in a period of economic and legislative change and
uncertainty.
What would your practice committee want other attorneys to
understand about your specialty? We live in a complex society in which issues
in our specialty require our attention.
How has being a part of your committee made a difference in your
own practice? With continuing education being the primary objective of the
committee, attendance at meetings has enhanced my effort to stay up on developments
within my area of specialization.
13
Municipal court
15
Real Property
20
Estate Planning
Bankruptcy
21
Domestic Relations
22
Social Security
When I’m not in the office I’m… traveling or in Florida.
27
Juvenile Law
Favorite quote that motivates me… “Ask not what your country can do for
you. Ask what you can do for your country.” – John F. Kennedy
28
Solo/Small firm
My favorite place to go in Cincinnati is … Skyline Chili. For obvious reasons.
29
Labor & Employment
Sugar and Symphony
April Meetings
3
l
Jim Chalfie
Construction
10
Estate Planning & Probate
Municipal Court
12
Employee Benefits
Immigration Law
17
Bankruptcy
19
Real Property
24
Intellectual Property
Juvenile Law
25
Solo/Small Firm
26
Labor & Employment
Social Security
What is the most important project for your practice committee
this year? The Advanced Estate Planning Institute presented by our committee every
February allows us to feature a nationally outstanding speaker and excellent local and
regional presentations.
Music, doughnuts and networking brought together
over 60 Women Lawyers Committee members and their
families for the Cincinnati Pops Lollipop Concert at
Music Hall. Clockwise, Kathy Lasher and daughter arrive at the concert. Camille Healy and her sons enjoyed
doughnuts, juice and coffee with families and friends
before the concert. WLC Chair Kelly Mulloy Myers
and her daughter, a future member, greet guests and
their families. See page 28 for the committee’s upcoming CLE.
22 March 2012 CBA REPORT www.CincyBar.org
For more information on any of your benefits, please contact Kathy Grant at (513) 699-4016 or [email protected].
A comprehensive list of all benefits can be found at www.cincybar.org.
CBA & CBF Staff Directory
Julie Kemble Borths......................................... 699-1391
Director of Communications, [email protected]
Angela R. DeMoss..............................................699-4010
CLE Assistant, [email protected]
Kathy Grant.........................................................699-4016
Director of Member Services, [email protected]
Nicole Hampton................................651-5118, ext. 200
Receptionist
Karen J. Johnson................................................. 699-1405
Notary Administrator, [email protected]
Monica L. Kittrell...............................................699-4015
CLE Program Coordinator, [email protected]
Marilyn C. Marks................................................ 699-1396
LRS Assistant, [email protected]
René T. McPhedran........................................... 699-1393
Director of CBF, [email protected]
member services
Member Benefit of the Month
Januar y
Feb r u ar y
M a rc h
Ap r il
M ay
Ju n e
Ju ly
Au gu s t
S ep t em b er
O c t ob er
N ove m b e r
D e ce m b e r
Traveling for Spring Break?
Use your CBA member benefit – Park
at Airport FastPark and Save!
CBA members pay just $6.25 per day
and earn free parking. Your Fast Park
Rewards card must be presented upon
entry and exit each visit.
To enroll, visit www.thefastpark.com.
Lisa G. McPherson............................................. 699-1398
Member Services Coordinator, [email protected]
• Enter CBA or Cinti Bar Assoc. as your company and discount code #0413207.
Terrie A. Minniti................................................ 699-1399
Assistant Executive Director, [email protected]
• You may also enroll in Fast Park and Relax. Your code for Fast Park and Relax is
#0813207.
John C. Norwine.................................................699-1400
Executive Director, [email protected]
Dimity V. Orlet................................................... 699-1401
Director of CLE/Assistant Counsel, [email protected]
Maria C. Palermo............................................... 699-1402
Assistant Counsel, [email protected]
Rewards cards take about one week to arrive in the mail. An enrollment link is also
available on the CBA website.
Edwin W. Patterson III.................................... 699-1403
General Counsel, [email protected]
Stephanie W. Powell......................................... 699-1407
Paralegal, [email protected]
Lisa Quintanilla................................................... 699-1406
Membership Administrator, [email protected]
Anthony W. Riley...............................................699-4013
Clerk
Kathleen M. Schmidt........................................ 699-1390
Executive Assistant, [email protected]
Dorothy J. Schultz............................................. 699-1404
Chief Administrative Secretary, [email protected]
Jamie Shiverdecker ..........................................699-4013
Director of LRS/Project Manager, [email protected]
2012
LaDonna Wallace Smith.................................. 699-1392
Director of Community Service, [email protected]
Caren L. Theuring ............................................ 699-1397
CLE Program Coordinator, [email protected]
Monica O. Weber............................................... 699-1395
Marketing Designer, [email protected]
Andrew Wells..................................................... 699-1409
Information Systems Manager, [email protected]
Eileen M. Witker................................................ 699-1408
LRS Assistant, [email protected]
Amy K. Zerhusen...............................................699-4014
Accounting Administrator, [email protected]
Friday, April 27 • 11 a.m. to 1:30 p.m.
The Westin Cincinnati
21 East Fifth Street, Downtown Cincinnati
Is your advertising on
target?
Be part of the CBA Report and
the annual Legal Directory.
For advertising information,
contact George Quigley
Sr. at (513) 779-7177 or
[email protected].
www.CincyBar.org Inducting
Anthony E. Reiss
as the CBA’s 121st President
$35 per person.
Please RSVP by April 23 to Kathy Schmidt at [email protected] or (513) 699-1390.
l
March 2012 CBA REPORT 23
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 [email protected].
Join the YLS Community Service Committee for a
volunteer experience at Matthew 25: Ministries
Saturday, March 24 • 10 a.m. - Noon. • 11060 Kenwood Road
Matthew 25: Ministries (M25M) is an international humanitarian aid and disaster
relief organization based out of Blue Ash. M25M accepts donations from major corporations, hospitals and individuals, at times accepting goods and products for which
many companies no longer have any need. The products are then distributed throughout the U.S. and the world to those individuals in need.
The day will start off with a video and a tour of the facility, which includes a
walkthrough of a developing village and ends in the Map Room. This is a great opportunity to see where the products are going and who they benefit. Volunteer duties may
include, but are not limited to, sorting clothes and shoes, and packaging personal care
kits. Families are welcome.
RSVP at www.cincybar.org. For more information on Mathew 25: Ministries please
visit www.m25m.org or contact Santina Vanzant [email protected] or
Shonita Black [email protected].
Welcome to YLS
James C. Alexander
Frederick W. Fehr
Beth J. Freemal
Kara M. Hardy
Diana M. Link
Dustin K. Looser
Lynda Hils Mathews
Kelly M. McKoy
Joseph S. McVicker
Victoria L. Norton
Candise J. Powell
Alfred B. Shikany
Anitra D. Walden-Jacobs
YLS Catches Up After
the Holidays
The YLS Holiday Social at Palomino’s
included YLS board members, CBA board
members, attorneys and law students.
Clockwise, CBA President-Elect Tony Reiss
and Maureen Bickley, YLS social committee member, talk about ways members can
become more involved. Derek Smith,
Ryan Martin and Jodie Drees Ganote,
all YLS board members, discuss upcoming events. Organized by the YLS
Social Committee including members
Faith Isenhath, Co-Chair Julie Hein
and Shannon Villaba, the event was a
sell-out.
Save the Date
Friday, June 1
Able to Volunteer? Interested in a
Sponsorship? Please contact Karen
Johnson at [email protected] or
Kathy Grant at [email protected]. l
24 March 2012 CBA REPORT www.CincyBar.org
Young Lawyers Section
YLS Cookies and Books Journeys On
By Amanda J. Penick
Just over a year ago, the YLS Mentoring Committee sponsored a tour of the School
for Creative & Performing Arts, also known as SCPA, as an introduction to an expanded partnership with the Cincinnati Youth Collaborative (CYC). For a number of
years, YLS had partnered with CYC and worked to engage our members as mentors.
The SCPA tour and meetings with CYC showcased opportunities to enhance this
relationship. A new grant for the YMCA after-school program at SCPA expanded
the opportunities for YLS engagement and the new “Cookies and Books” volunteer
program emerged.
On the second Tuesday of the month, a group of volunteers arrive at SCPA to
work with the children in the after-school program managed by the YMCA. There
are opportunities to work oneon-one with a child to finish
homework, play games, or to
take on a project like building gingerbread houses (see
photos). From kindergarteners to seventh graders, the
students are energized and
fun and enjoy interacting
with our volunteers.
The “Cookies & Books” David Pfirrman, Dan O
’Brien d Tom
Meade are
volunteer partnership gives enthusiastic about glue, wood an
and kids having
fun.
YLS members a way to give
back from 5 until 6:30 p.m. This
flexibility — you can join the
Kelly Leibold, a frequent volunteer, takes a minute
group any time after 5 p.m. and
to explain to a student how to paint and glue.
leave when it is convenient for you
— makes the program successful.
The students genuinely appreciate whatever time you can give. Street parking is free if
you arrive after 5 p.m. SCPA and YMCA staff members are on hand to direct you to the
to the
classrooms when you arrive. Rest assured that there are plenty of cookies for students
and volunteers alike!
In addition to “Cookies and Books,”
the partnership with CYC and SCPA also
Thursday, March 8
includes a speakers’ bureau and tutoring
4:30 to 6:30 p.m.
during the school day. Providing support
Taft Center, Downtown Cincinnati
for the third graders as they prepare for
overlooking Fountain Square
the achievement test, volunteering for the
speakers’ bureau to assist teachers with a
RSVP at www.cincybar.org
wide range of topics, and participating in
the new Cookies and Books initiative are
all ways to give of your time and talents.
Interested? Mark the second Tuesday
of March on your calendar for the next
Cookies and Books and e-mail Kathy
Grant at [email protected] or me at
[email protected] to learn more.
Path
Bench
Andrea Rose co
ncentrates on
lin
the pieces for
the gingerbread ing up
houses.
www.CincyBar.org l
March 2012 CBA REPORT 25
Young Lawyers Section
YLS Annual
Meeting
& Election of Officers
Friday, April 13
Cincinnati Bar Center
11:30 a.m. Lunch & Elections
12 p.m. Annual Meeting
1 p.m. Networking
Presentations by the following
YLS Committees: Social, Mentoring,
Membership, PR, Community Service,
Mock Trial, CLE and Run for Kids.
Committee co-chairs will also
be looking for YLS members who
would like to be more involved.
Register at www.cincybar.org
Ge t R e a dy t o
March
Madness
Youn
Beer Tasting
&
The perfect combination!
Come join the fun at the YLS March
Madness event with a Moerlein Beer
Tasting, beginning at 5:30 p.m. Watch
the game from 7 to 9 p.m. while socializing with YLS members.
March 15, 2012
5:30 to 9 p.m.
Cincinnati Athletic Club, 111 Shillito
Place (Between 6th and 7th Street, off
Paint the Town with YLS
Saturday, May 19 : Homes are prepped
Saturday, June 9 : Homes are painted
Race Street)
Parking available at 6th and Race
streets.
Register at www.cincybar.org
Volunteers will be needed on both of these days for this community-wide service
project. Watch for more information in the CBA Report and on www.cincybar.org
l
26 March 2012 CBA REPORT www.CincyBar.org
For more information about upcoming CLE events, contact Dimity Orlet at (513) 699-1401 or [email protected].
For a complete schedule or to register for a program online, see the CBA’s CLE Calendar under CLE at www.cincybar.org.
continuing legal education
No Brown Bag Seminars Offer a
Smorgasbord of Topics
o
N
Brown Bag
The No Brown Bag Seminars
presented by the Cincinnati Bar
Association Young Lawyers Section
provide a variety of topics that will
be of interest to all attorneys. Each
program offers 1.0 hour of Ohio CLE
credit. In addition, each program
listed here is approved for Ohio New
Lawyer Training credit. Make the No
Brown Bag Seminars a recurring event on your calendar and earn all or most of your
CLE credit requirements.
CBA members who are age 36 and younger, or have five or fewer years of practice,
are eligible for a special registration fee of $15. Seasoned attorneys find these convenient, one-hour seminars valuable, too!
To register, visit www.cincybar.org, call (513) 699-4028, or watch your mail for a
brochure.
March 14
June 20
Custody Law
Ethics: Conflicts
Erinn M. Hannigan, Strauss & Troy LPA
Samuel M. Duran, Esq., Taft Stettinius & Hollister LLP
March 28
July 11
Zoning Changes: “There Oughta Be
a Law” – Arguments in Opposition
That Can Be Persuasive Even if Not
Required by Law
Civil & Domestic Protection Orders
Timothy G. Mara, Esq.
April 11
Court of Appeals : “If It’s Not in the
Record, It Didn’t Happen”
Thomas W. Langlois, Esq.,
Ohio Court of Appeals – First District
April 25
Criminal Practice in the Hamilton
County Municipal Court
Michael K. Allen, Esq., Michael K. Allen & Associates
May 9
Mediation
Robert S. Kaiser, Esq., U.S. Court of Appeals, 6th Circuit,
Office of Circuit Mediators
May 23
Ohio Casino Law Update
Mark D. Hemmerle, Esq.
June 6
Tips on Preserving Errors for Appeal
Pierre H. Bergeron, Esq.,
Squire Sanders & Dempsey (US) LLP
www.CincyBar.org Timothy J. Deardorff, Esq.
Never
Closed
July 25
Advertising Law: If It’s on TV
Facebook, It Must Be True!
Kimberly Eberwine, Esq., The Procter & Gamble Company
August 8
Hamilton County e-Filing
Representative from Hamilton County Clerk of Courts
August 22
CLE On Your
Schedule
Earn up to six hours of
Ohio CLE credit online at
http://cincy.fastcle.com
Hot Employment Topics for the
General Practitioner
Robert M. Hoffer, Esq. & Kelly A. Schoening, Esq.
Dressman Benzinger LaVelle psc
September 12
Key Financial Concepts of Law Firm as
a Business
Anthony M. Perazzo, CPA, BKD LLP
September 26
The “B” Word: What to Do When a
Party Files Bankruptcy in Litigation
Philomena S. Ashdown, Esq., Strauss & Troy LPA
Ohio Metro
CLE
Akron
Toledo
Dayton
Cincinnati
Cleveland
& Columbus
Bar Associations
online
An out-of-office experience
l
March 2012 CBA REPORT 27
continuing legal education
Panels Focus on Females
The XX Factor—Perspectives from Women in the Legal Profession
Presented by the CBA Women Lawyers Committee
Friday, March 23, 2012
8:30 a.m. Registration
8:45 to 9:15 a.m. Networking
9:15 a.m. to 12:30 p.m. Program
3.0 hours Ohio Professionalism CLE Credit
The Women Lawyers Committee will showcase the perspectives of women in
the profession. There will be three panels, beginning with a look-back on those who
“blazed” the path, then a view from those who “made it,” and, finally, a discussion on
how a law degree led to a different career.
Women in the Legal Profession: A History and Retrospective
The seminar opens with a panel discussion on how women lawyers made their place
in a profession that was mostly men and what changes and advantages their perseverance established for today’s women lawyers.
Overcoming Challenges in the Practice of Law
This panel discussion will focus on the unique challenges that women face in
the practice of law and will feature women attorneys from various facets of the legal
profession including a judge, a prosecutor, an in-house counsel, and large and small
firm attorneys. The discussion will also include strategies to overcome the challenges
faced by women as well as how to best use the advantages of being a woman in the legal
profession.
Non-Traditional Career Paths Panel Discussion
This panel will discuss the non-traditional career paths taken by women with law
degrees, including a look at the knowledge and skills gained in their law careers that
they utilize in their nontraditional role. Furthermore, they will consider whether
women are more likely to pursue non-traditional legal work (and whether there is
anything traditional legal employers could offer that would have influenced them to
stay). Additionally, they will explore what, if anything, influenced the panel-members’
decision to discontinue their traditional legal work. To register, visit www.cincybar.org, call (513) 699-4028, or watch your mail for a
brochure.
l
Plan Ahead for Trial
Skills Program
Trial Advocacy Institute
July 22-27, 2012
Presented by the CBA and the National
Institute for Trial Advocacy
An intensive participatory program
in trial skills taught by a seasoned faculty
of trial lawyers, the biennual program
concentrates on learning by doing.
In the week-long program, participants work through exercises on voir
dire, opening statement, direct and cross
examination, closing argument, and
demonstrative evidence. Participants receive constructive feedback from faculty
members following each exercise. In addition, many exercises are recorded and
then reviewed one-on-one with a faculty
member. Participants also observe faculty members demonstrating each of
the key trial skills. The week concludes
with participants conducting mock trials
before judge and jury at the Hamilton
County Courthouse.
Class size is limited; register early
to save your seat and save $200 with the
early-bird discount. The program qualifies for over 30 hours of CLE credit.
To register, visit www.cincybar.org,
call (513) 699-4028, or watch your mail
for a brochure.
28 March 2012 CBA REPORT www.CincyBar.org
continuing legal education
CLE Honor Roll
The CBA gratefully acknowledges the following individuals who contributed to seminars between Aug. 1, 2011, to Jan. 31, 2012
Alan H. Abes
James R. Adams
Jonathan Adams
Rob Adams
Robert A. Alexander
Claudia G. Allen
Richard Anderson
Thomas D. Anthony
Susan M. Argo
Bradley C. Arnett
Mark E. Avsec
Shelley Bamberger
Michael L. Baker
Brad J. Beeson
Ronald T. Bella
Lynne Beresford
Pierre H. Bergeron
Prof. Marianna Brown Bettman
Alan E. Bieber
Hon. Timothy S. Black
Shonita M. Black
Timothy E. Bley
Randal S. Bloch
Edward J. Boll, III
Michael G. Boudreau
Amelia A. Bower
C.R. Bowles
Richard M. Boydston Jr.
Jennifer L. Branch
Joel S. Brant
Kathleen M. Brinkman
Phyllis E. Brown
Matthew Brownfield
Robert W. Buechner
Stephen Buehrer
Carolyn Buffington
Beverly M. Burden
Tara K. Burke
Margaret A. Burks
Casey M. Cantrell-Swartz
Sean Carter
Michael J. Chapman
Robert W. Cheugh
David Combs
Mark E. Combs
Hon. Ethna M. Cooper
D. Michael Crites
Jeffery A. Culver
James R. Cummins
Thomas L. Cuni
Justice Robert R. Cupp
Mark Curriden
J. Michael Debbeler
Douglas R. Dennis
Binem Dizenhus
Gwenn A. Dobos
Andrew C. Emmert
Rick J. Enriquez
Sue A. Erhart
Peter L. Faber
Lesley A. Fair
Helen M. Farrell, M.D.
Eileen K. Field
Christopher P. Finney
Hon. Patrick F. Fischer
Mark Fisher
Elizabeth Fox
William M. Freedman
O. Max Gardner
Patrick J. Garry
Hon. Robert E. Gerber
Kenneth B. Germain
Gary M. Glass
Eric W. Goering
Robert A. Goering, Jr.
Brian D. Goldwasser
William R. Graf
Kathy A. Grant
Mark A. Greenberger
John C. Greiner
Asa P. Gullett
Robert A. Guy, Jr.
Roger Hall, Ph.D.
Prof. Sam Han, Ph.D
Michael W. Hawkins
Scott M. Heenan
Barron K. Henley
Gail C. Hersh, Jr.
Thomas W. Hess
Joseph D. Heyd
Hon. Lee H. Hildebrandt, Jr.
Brooke E. Hiltz
Hon. John E. Hoffman, Jr.
Gregory Hogg, LISA, LICDC
Hon. Jeffery P. Hopkins
Tim Hrastar
Prof. Ann Hubbard
Hon. Guy R. Humphrey
Stephen R. Hunt
Timothy J. Hurley
Kieran D. Hurley
Tom Irving
John G. Jansing
Richard B. Jones
Richard L. Katz
Eric H. Kearney
Jeffrey M. Kellner
L. Craig Kendrick
Jerry S. Kershner
Monica V. Kindt
Brent R. Kirkpatrick
Kenneth P. Kreider
Katherine M. Lasher
Martin Latz
Richard T. Lauer
Robert F. Laufman
Paul M. Laufman
Joy Lawrence
Dr. Henry C. Lee
Stephen D. Lerner
Carole Levitt, J.D.
Kim Martin Lewis
Elliott E. Lieb
William B. Logan Jr.
Hon. Jody M. Luebbers
Richard A. Magnus
Barry Malinowski, M.D.
David G. Mallen
Kenneth J. Manges, Ph.D.
Eric A. Manterfield
J. Michael Marous
Chad Martin
Stanley H. McGuffin
Paul W. Mellor
John H. Metz
G. Christopher Meyer
Keith D. Meyer
Steven P. Miller
Prof. Luke M. Milligan
Donald J. Mooney
Richard L. Moore
Lisa A. Moore
Jeffrey W. Morris
Paula Boggs Muething
Robert Musante
Kelly Mulloy Myers
Stephen M. Nechemias
Hon. Randall J. Newson
Hon. Soloman Oliver Jr.
Hon. Mark P. Painter
Timothy P. Palmer
Hon. James M. Peck
Frank M. Pees
Sara L. Peller
Alfredo R. Perez
Karolina F. Perr
Robin E. Phelan
Raymond J. Pikna Jr.
Kelly A. Pitocco
Stephen J. Pomeranz, M.D.
Jessica L. Powell
Patricia A. Pryor
Roxanne Qualls
Mag. Paul D. Rattermann
Richard L. Reinhold
Erin C. Renneker
George M. Reul Jr.
Deborah Reynolds, LICDC
Gary Richards
Howard L. Richshafer
Shawn M. Riley
R. Gregory Roberts
Mark Rosch
John W. Rose
Orly R. Rumberg
Andrew B. Sacks
Jerry S. Sallee
Michael L. Scheier
John A. Schuh
Richard L. Schuster
Julie L. Seitz
William J. Seitz III
Terry Serena
Richard A. Setterberg
David J. Sheehan
Stephen A. Simon
David A. Skidmore Jr.
James J. Slattery
Joseph C. Smith II
Michael T. Spadea
Katherine C. Spelman
Dale A. Stalf
Peter J. Stautberg
Mark J. Stepaniak
Hon. Robert L. Stoll
Sheldon L. Stone
Charles E. Strain
Lynn S. Streck
Sean S. Suder
Hon. J. Howard Sundermann Jr.
Virginia E. Tallent
Julia E. Tarvin
Jodie M. Taylor
Stuart Teicher
Hon. Susan Laker Tolbert
Jason D. Tonne
Brian Trotta
Claire M. Turcotte
Richard S. Wayne
Robert N. Webner
Jeffrey D. Weedman
John L. Welch
Prof. Alan M. White
Hon. Michael G. Williamson
John K. Williamson
John Mark Williams
Michael S. Williamson
MaryAnne B. Wilsbacher
Mag. Ellen T. Wolf
Nicholas A. Zingarelli
Harry B. Zornow
Not a Perfect Fit?
When your clients have needs that don’t match up,
refer them to the CBA Lawyer Referral Service.
Our panel of attorneys includes a range of expertise.
The LRS staff can connect your client to a CBA member who can help.
• More than 280 attorneys available
• Matches can be made near the client’s work or home
• No fee for using the service
• First half-hour of consultation is $30 or less
• Clients can call (513) 381-8359 during business hours
or visit www.cincybar.org
Interested in being part of the LRS panel? Contact Jamie
Shiverdecker at [email protected] or at (513) 699-4013.
www.CincyBar.org Lawyer Referral Service
Since 1943, the CBA has offered referrals for the public, serving
hundreds of clients each year. Let us help your client find a perfect fit.
l
March 2012 CBA REPORT 29
continuing legal education
Solo/Small Firm Committee Hosts
Art Museum Event
What Lawyers Need to Know About Dealing with Art, Artifacts and Antiques
Friday, March 30
4 to 5:10 p.m. CLE program
5:10 to 9 p.m. Art After Dark
Cincinnati Art Museum, 953 Eden Park Drive
1.0 hour CLE credit
CBA members are invited to learn about the exciting intersection of art and law
from an expert panel in the Cincinnati Art Museum’s Fath Auditorium. Panelists
include:
•
Dr. Julie Aronson, curator, Cincinnati Art Museum;
•
John Banner, a CBA member with experience in probate, appraisals, disposition, investments and tax issues regarding art, artifacts and antiques;
•
Wes Cowan, owner and principal auctioneer, Cowan’s Auctions, Inc., and
appraiser and popular personality on PBS shows Antiques Roadshow and
History Detectives; and
•
Randy Sandler, owner, Cincinnati Art Galleries.
Following the CLE event, attendees will receive $10 in tickets for food and
beverages to enjoy at the Cincinnati Art Museum’s Art After Dark, which features
live entertainment, cocktails and appetizers and access to most of the museum’s galleries and its special exhibition, Nick Cave: Meet Me at the Center of the Earth.
CBA members and their guests not able to attend the CLE are welcome to join
the group at Art After Dark.
To register, please visit www.cincybar.org, call (513) 699-4028 or see page 31.
l
Immigration Issues
Touch on Many
Practice Areas
Immigration Law
Presented by the CBA Immigration Law
Committee
Thursday, March 8, 2012
9 – 11:45 a.m.
12:15 – 3:55 p.m.
Up to 5.75 hours CLE, including 1.0/
Ethics
Immigration law often intersects with
various other areas of law. Many attorneys who work in the corporate world or
in family law and criminal law regularly
encounter immigrant clients or immigration law questions in their work.
The morning sessions, geared toward
the corporate attorney, covers the immigration consequences of various topics,
including mergers and acquisitions, I-9
compliance and subcontracting relationships. In the afternoon, addressing the
concerns of the criminal and family
law practitioner, the CLE will discuss
the consequences of criminal acts by
the immigrant client and services for
immigrant victims of crime as well as
how both the creation and destruction of
familial relationships can affect the immigrant client.
An ethics session near the lunch hour
enables attorneys to get the most out of
either full-day or half-day registration.
To register, visit www.cincybar.org,
call (513) 699-4028, or watch your mail
for a brochure.
30 March 2012 CBA REPORT www.CincyBar.org
continuing legal education
Upcoming CLE Seminars
Visit www.cincybar.org to register and for a complete calendar, updates, and full program agendas
March 8 • 9 a.m. – 3:55 p.m.
Immigration Law
Up to 5.75 hours, including 1.0/Ethics
$210 CBA Member ($300 Non-Member)
March 14 • Noon–1 p.m.
No Brown Bag
Custody Law
March 28 • Noon–1 p.m.
No Brown Bag
Zoning Changes: “There Oughta Be a
Law”
1.0 hour*
$15 CBA Young Lawyer
$35 CBA Member ($50 Non-Member)
1.0 hour*
$15 CBA Young Lawyer
$35 CBA Member ($50 Non-Member)
March 30 • 4 – 5:10 p.m.
What Lawyers Need to Know
About Dealing with Art, Artifacts &
Antiques
March 20 • 2 – 4:45 p.m.
Video Replay
Professionalism, Ethics & Substance
Abuse Instruction
@ Cincinnati Art Museum
1.0 hour
$40 CBA Member ($55 Non-Member)
2.5 hours, including 1.0/Prof., 1.0/Ethics & .5/Sub.
Abuse
$90 CBA Member ($125 Non-Member)
April 11 • Noon–1 p.m.
No Brown Bag
Court of Appeals : “If It’s Not in the
Record, It Didn’t Happen”
March 22 • 8:30 a.m. – 5 p.m.
Reimagining the UCC in Your Practice
1.0 hour*
$15 CBA Young Lawyer
$35 CBA Member ($50 Non-Member)
6.0 hours
$275 CBA Member ($380 Non-Member)
March 23 • 9:15 a.m. – 12:30 p.m.
Women in the Legal Profession
3.0 hours Professionalism
$105 CBA Member ($150 Non-Member)
April 17 • 9 – 11:45 a.m.
Video Replay
Professionalism, Ethics & Substance
Abuse Instruction
2.5 hours, including 1.0/Prof., 1.0/Ethics & .5/Sub.
Abuse
$90 CBA Member ($125 Non-Member)
April 19 • 8:55 a.m. – 12:30 p.m.
Elder Law Update
3.25 hours
$115 CBA Member ($165 Non-Member)
April 20 • 8:30 a.m. – 4:15 p.m.
Domestic Relations Instititute
@ Hyatt Regency, Downtown Cincinnati
6.0 hours, including .5/Sub. Abuse
$240 CBA Member ($330 Non-Member)
April 20 • 8:55 a.m. – 12:15 p.m.
It’s Not Just Mediation: Preparing for
a Resourceful Resolution
3.0 hours
$105 CBA Member ($150 Non-Member)
April 24 • 9 a.m. – 4:30 p.m.
eDiscovery with John Mallery
Up to 6.0 hours
Full-day: $240 CBA Member ($330 Non-Member)
Half-day: $135 CBA Member ($180 Non-Member)
April 25 • Noon–1 p.m.
No Brown Bag
Criminal Practice in the Hamilton
County Municipal Court
1.0 hour*
$15 CBA Young Lawyer
$35 CBA Member ($50 Non-Member)
*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.
Information is subject to change. Call (513) 699-4028 to verify information.
All programs held at the CBA unless otherwise indicated.
Register
Online at:
www.cincybar.org
Mail or fax to:
CLE Department
225 E. Sixth Street, 2nd Floor
Cincinnati, OH 45202-3209
Fax: (513) 381-0528
Phone:
(513) 699-4028
Cancellation Policy: Please refer to individual program brochure for cancellation policy.
Special Law-Student Pricing: $50/Full-day programs; $25/Half-day programs; Free/programs less than 3 hours.
www.CincyBar.org l
March 2012 CBA REPORT 31
Legal Community News
This section features current news and events of interest to the local legal community. News items may be submitted
to Julie Kemble Borths at (513) 699-1391 or [email protected].
CALL Begins 16th Year
The 2012 Cincinnati Academy of Leadership for Lawyers
(CALL) held its first program in January at the National Underground Railroad Freedom Center. A highlight of the program
was keynote speaker Dr. O’dell Owens. Dr. Owens spoke to
members of this year’s class about community service, privilege and leadership. Below, program committee members Brian
Thomas, left, Phenise Poole, second from right, and Calvin
Tregre, far right, welcome Dr. Owens to the event.
Letter To the Editor
I read with interest the reply of the Court of Appeals to Judge Painter’s column on
the propriety of footnotes in judicial decisions… I have a different view about the role
of public comment of judicial decisions. First off, the First District Court of Appeals
is, for all intents and purposes, the court of last resort for Hamilton County. It not
only declares the law for the county. It also has an important influence on how lower
court judges and the lawyers who practice in those courts behave. For example, there
have been several reversals because of intemperate and prejudicial final arguments in
criminal cases and medical malpractice cases.
Unfortunately, the decisions of the Court of Appeals are not separately published
and very few lawyers and lower court judges are even aware of their decisions on any
regular basis. This information shortcoming needs to be addressed. Both the bar and
the public are entitled to know more of the decisions of this court.
With a wider dissemination of the opinions of the Court should also come more
lively public comment about the decisions of the Court. After all, the progress of the
law is a continuing discussion of what is just and fair.
And public comment, respectful public comment, will engender respect for the
institution of the court and the judges themselves, and not the opposite.
Disagreeing respectfully is good citizenship.
— Robert B. Newman
l
State Public Notice
Website Now
Available
Courts, judges or clerks required by
the Ohio Revised Code to publish public
notices multiple times in a newspaper
are now able to turn to a free statewide
website as an alternative.
The most recent state budget bill
charged the state’s Office of Information
Technology with creating a state public
notice website which began in February.
New Ohio Revised Code section 7.16
allows a state agency or political subdivision, after initially publishing the notice
in full in a general circulation newspaper,
to subsequently publish an “abbreviated”
notice in the newspaper if the notice
directs the public to the full notice on
the state public notice website. Supreme
Court staff has identified about a dozen
instances in statute that require multiple
notices by courts, judges or clerks.
The OIT notes that users will need to
register with the Ohio Business Gateway and establish an online account to
use the state public notice website. OIT
launched an informational version of the
state public notice website on Jan. 18. Go
to http://publicnotice.ohio.gov/index.stm
to access the site.
BLAC 20th Annual
Scholarships &
Awards Banquet
Honoring the YWCA of
Greater Cincinnati
Saturday, March 31
Pavilion Room
Hilton Cincinnati Netherland Plaza
35 West Fifth Street
Downtown Cincinnati
6:30 p.m. Cocktails and Reception
7:30 p.m. Dinner and Program
$65 per guest, $650 table of 10
Black tie optional. For further information or to reserve tickets, please contact
Danielle at [email protected]
or (513) 791-7919.
32 March 2012 CBA REPORT www.CincyBar.org
If you are a a Cincinnati Bar Association member and you’ve moved, been promoted, hired an associate, taken on a partner,
received a promotion or award, gotten married, had a baby, 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 Julie Kemble Borths at (513) 699-1391
or [email protected]. For address changes, contact Andrew Wells at (513) 699-1409 or [email protected].
The Hon. Nathaniel R.
Jones received the Attorney of the Year award
from the Judge Carl B.
Rubin Legal Society
of the Jewish National
Fund. Jones served for
two decades on the U.S.
Sixth Circuit Court of
Jones
Appeals after being appointed by President Jimmy Carter in 1979.
As an authority on civil rights litigation, in
1967 he served as assistant general counsel
to President Johnson’s National Advisory
Commission on Civil Disorders. From 1969
to 1979, Jones served as the general counsel
of the NAACP. An internationally renowned
civil rights activist, Judge Jones played an
important role in furthering the abolition of
apartheid in South Africa and was consulted
by the drafters of South Africa’s new constitution and laws. In 2003, the U.S. Congress
named the federal building and courthouse
in Youngstown for him. Following his retirement from the Court of Appeals in March
2002, Jones assumed a position as Of Counsel
with Blank Rome LLP. He serves as honorary co-chair and director of the National
Underground Railroad Freedom Center and
participates in a variety of other activities. He
is a member of the Toyota Motor Manufacturing, North America, Inc. Diversity Advisory Board; a member of KnowledgeWorks
Foundation Board of Trustees; and director
emeritus of the Cincinnati Youth Collaborative. Jones and his late wife served as U.S.
co-chairs for the World Choir Games 2012.
He has taught at several law schools throughout the United States, has authored numerous articles and is the holder of 18 honorary
degrees. The Rubin Society offers attorneys
and judges from the Southern Ohio Region
opportunities to learn about current events
from distinguished speakers while networking with other high-powered professionals.
The JNF, a United Nations NGO, supports
Israel’s newest generation of pioneers by
bringing life to the Negev Desert, sponsoring
international conferences on desertification, afforestation techniques, and funding
research on arid land management.
Marc A. Randolph was
named managing partner
at Ritter & Randolph LLC.
He will be responsible for
the implementation of the
firm’s strategic plan and
day-to-day management.
He succeeds his father,
Daniel P. Randolph, who
Randolph
will remain a partner.
Since he joined the firm in 2000, his practice
has focused on estate and charitable planning, business and corporate law, non-profits,
probate, estate and trust administration and
elder law. He received his J.D. from Washington & Lee University in 1996 and a B.S. in
business administration and marketing from
Miami University in 1993. He is licensed to
practice in Ohio and Virginia. Randolph is
the secretary/treasurer and a trustee of the
Cambridge Charitable Foundation, is vice
president of the Center for Holocaust & Humanity Education, and serves on the board of
the Hillel Foundation at UC.
Scott A. Kane has been
named managing partner
of the Cincinnati office of
Squire Sanders. Kane is
a litigation partner with
a focus on business and
financial services-related
litigation. He also represents debtors, creditors’
Kane
committees, and other
clients in disputed matters in commercial
bankruptcy cases. In addition to his litigation
practice, Kane leads Squire Sanders’ e-discovery and data management team and teaches
a class on electronic discovery as an adjunct
professor at the UC College of Law. Kane is
president of the Cincinnati/Northern Kentucky chapter of the Federal Bar Association.
He also serves on the CBA Professionalism
Committee and is a member and past chair
of the Common Pleas Court Committee. In
2008 he was given the Cincinnati Business
Courier’s Forty Under 40 Award. Prior to
law school, Scott served in the United States
Army and is a veteran of Operation Desert
Storm. Dusing
member/firm news
Hayden
Benjamin G. Dusing and Angela M. Hayden
have joined Adams, Stepner, Woltermann
& Dusing, PLLC in Covington. Dusing is
a partner in the litigation group, practicing in the areas of complex litigation, white
collar matters, and government enforcement
defense. A former federal prosecutor with
extensive trial experience, he was a partner
at Baker & and had previously served as an
Assistant U.S. Attorney for the Department
of Justice. He is a graduate of Georgetown
University and the UK College of Law, from
which he graduated Order of the Coif and
served as editor-in-chief of the law review.
Hayden will assist in creating an employment
law practice group, specializing in defense
of employment-related investigations and
lawsuits, as well as a practice concentrated in
complex commercial litigation. She joins the
firm as an associate practicing in civil litigation with an emphasis on employment law
and domestic relations. She is a member of a
national team representing several manufacturing companies in the defense of toxic
tort claims. Hayden formerly served as a staff
lawyer for the Hon. James Mason, Franklin
County Court of Common Pleas, Domestic
Relations Division. Additionally, she was
a legal extern for the Hon. James S. Gwin,
United States District Court of the Northern
District of Ohio. She is a graduate of the College of Mount St. Joseph and the University of
Akron School of Law.
Glen E. Hazen Jr. has
been recognized by the
OSBA as a Certified Specialist in family relations
law. Licensed to practice
in Ohio and Kentucky, he
is a solo practitioner in
downtown Cincinnati.
Hazen
www.CincyBar.org l
March 2012 CBA REPORT 33
member/firm news
Calvin Buford, a partner
in Dinsmore’s Cincinnati
office, has been appointed
to serve on the Greater
Cincinnati Foundation’s board of directors.
The Greater Cincinnati
Foundation is a nonprofit
organization devoted
Buford
to philanthropy and
charitable giving in the community. Buford
focuses his practice in general corporate and
transactional matters, including mergers,
acquisitions and dispositions of publicly and
privately held businesses; and debt and equity
financings including senior, mezzanine and
venture capital financing. He is active in the
community including board positions for the
Cincinnati Art Museum, Cincinnati Center
City Development Corporation, and Mercy
Health Partners Southwest Ohio.
Brian D. Flick recently
attended and graduated from Max Gardner’s
Bankruptcy Boot Camp, a
four-day intensive training course exclusively for
debtor’s attorneys taught
by Gardner, a consumer
bankruptcy attorney. The
Flick
program includes training bankruptcy law, real estate law, securities
law, the Fair Debt Collections Practices Act,
Uniform Deceptive Acts and Practices, and
Truth in Lending Law among other topics.
Michael T. Mann has
joined the board of
trustees for the Clovernook Center for the Blind
and Visually Impaired, a
not-for-profit organization in North College
Hill. He will be serving
on Clovernook’s Services,
Mann
Planning and Management Committee, which advises the board on
personnel-related issues. Mann is a graduate
of the UC College of Law and currently works
with his father at Mann & Mann, LLC located
in downtown Cincinnati. He serves on the
CBA’s Admissions and Unauthorized Practice
of Law committees. He also volunteers as
a mentor to recent law school graduates
through the Ohio Supreme Court’s lawyer-tolawyer mentoring program.
l
Bitter
Droder
Kai Bitter, Eugene Droder III, and Nilesh (Neal)
Patel have been appointed
as members of Frost
Brown Todd. Bitter advises multinational businesses in corporate and
commercial matters, and
is regularly involved in
Patel
mergers and acquisitions,
joint venture formations, distribution and
agency agreements, and transnational dispute
resolution. He is admitted as a lawyer both in
Germany and Ohio, and launched a German
desk in the firm’s Cincinnati office. Droder
focuses his practice on employment and class
action litigation, particularly on defending
wage and hour claims and collective actions
across the country. Droder graduated magna
cum laude from the University of Dayton
School of Law in 2004 and from Miami University, Oxford in 2001 with a double major
in journalism and political science. Patel is an
advertising and intellectual property attorney
with significant experience in marketing, advertising and intellectual property licensing
matters. Patel regularly counsels clients on
claim substantiation, sweepstakes, word-ofmouth marketing, trademark/copyright and
other intellectual property licensing, website
operations and virtually all types of promotion-related agreements.
Shane Sidebottom was
recently awarded the 2011
Volunteer of the Year
Award by the Northern
Kentucky Bar Association. Sidebottom was the
inaugural recipient of the
award which recognizes
an attorney for his or her
Sidebottom
commendable volunteer
contributions to the mission of the bar association and the legal community. Sidebottom
practices with Wolnitzek & Rowekamp, PSC,
in Covington, where he maintains a general
litigation practice with a focus on private and
public employment law and U.S. immigration
law.
Robert W. Hojnoski has
been appointed managing partner of Reminger
Co. LPA in Cincinnati.
Hojnoski joined the firm
as an attorney in 1998 after graduating cum laude
from the University of
Dayton School of Law. He
Hojnoski
became a partner in 2003
and joined the firm’s management group in
2006. Over the past 13 years, Hojnoski has
developed an extremely diverse practice in
the areas of civil and business litigation, primarily focused on the representation of medical and non-medical professionals, product
manufacturers, service providers, non-profits, contractors and engineers, private and
commercial motorists, retailers, and various
other individuals and businesses involved in
disputes. In addition to taking on the role of
managing partner, he serves as co-chair of
the firm’s general casualty practice group and
pharmaceutical and medical device group.
He graduated from the Cincinnati Academy
of Leadership for Lawyers (CALL) in 2009
and remains active in that organization. He
was recently invited to join the Council on
Litigation Management. He is a member of
the CBA, OSBA, Kentucky State Bar Association, Defense Research Institute and the Ohio
Academy of Civil Trial Attorney. Hojnoski
is also a former adjunct professor at Chase
School of Law where he assisted with the
national trial advocacy team. Hojnoski was
a member of the national trial team while in
law school.
Graydon Head attorney
Steve Black was elected to
the Public Media Connect
Board of Trustees, which
oversees the partnership
of CET and ThinkTV.
Black has been with
Graydon Head for over
30 years. His professional
Black
interest focuses on trust
and probate litigation. His practice has involved will and trust contest cases, prosecution and defense of breach of fiduciary duty
claims, and trust construction and reformation actions. Black has also spent a significant
amount of personal time serving the nonprofit community, having served on a dozen
or so boards of trustees and chaired several.
He earned his J.D. from Harvard Law School
and A.B., magna cum laude, in economics
from Harvard College.
34 March 2012 CBA REPORT www.CincyBar.org
member/firm news
J. Robert (Bob) Chambers has been named
senior partner of Wood
Herron & Evans LLP,
where he will serve as
its public spokesperson.
Chambers succeeded
David Stallard, who will
continue with the firm
Chambers
in an of counsel capacity. Chambers joined Wood Herron & Evans
in 1973 and has been involved in all phases
of the firm’s intellectual property practice.
His expertise is concentrated in the areas
of litigation and client counseling. During
his 35 years of litigation practice, Chambers
has handled cases in federal and state courts
across the country, the Court of Appeals for
the Federal Circuit, and the Supreme Court
of the United States. He received his J.D. magna cum laude from Wayne State University.
Stallard joined the firm in 1970 and concentrates in the areas of mechanical and electromechanical subject matter, trademarks and
client counseling. Stallard received his J.D.
from the University of Louisville Law School,
where he served as Justice of Phi Alpha Delta
and as Associate Editor of the Journal of
Family Law.
Benintendi
Glassman
Chris Benintendi and Mike Glassman, both
partners in Dinsmore’s Cincinnati office,
were recently elected to serve on the firm’s
board of directors. Benintendi is a member of
the litigation department and workers’ compensation practice group. Benintendi is a frequent speaker at advanced, intermediate, and
basic workers’ compensation seminars. He
earned his J.D. from the University of Dayton
School of Law and his B.A. from Wittenberg
University. Glassman is a member of the
firm’s labor and employment department and
chairs the employment law practice group.
He has practiced management-side labor and
employment law for over 30 yearsHe earned
his J.D. from UC College of Law and his B.A.
from UC.
www.CincyBar.org Allen
Somogy
Three attorneys have
joined Wood Herron &
Evans LLP. Lisa M. Allen
will support the firm’s
patent practice in the
biotech, chemicals, and
materials science fields.
She obtained her B.S. in
engineering science and
Sopko
French from Vanderbilt University and her law degree from
Georgetown University. Derek J. Somogy
will support the firm’s patent practice in the
mechanical arts. He obtained his B.A. in
physics from the College of Wooster and his
law degree from The Ohio State University.
Jason D. Sopko will support the firm’s patent
practice in the electrical arts and its litigation team. He earned his B.S. in electrical
and computer engineering at The Ohio State
University and his law degree at Cleveland
Marshall. Before joining Wood Herron &
Evans, he served four years in the U.S. Air
Force Judge Advocate General’s Corps (JAG).
With these new hires, Wood Herron & Evans’
intellectual property practice now includes 51
attorneys.
Karen Gaunt, formerly
with Wood, Herron &
Evans, LLP, has joined
Dinsmore’s Cincinnati
office as a partner and as
the director of the firm’s
trademark, copyright and
brand strategies group.
She joins the firm’s intelGaunt
lectual property practice,
which includes more than 40 full-time IP
attorneys and more than 30 registered patent
attorneys. She was selected to CALL and she
is very active in the community, serving on
the University Club Board of Governors and
as Co-Chair of the University Club’s Speaker
Series Committee. Gaunt also devotes time to
Cincinnati Therapeutic Riding & Horsemanship, serving on its board of trustees, and is a
member of the advisory board for Birthright
Inc. She earned her J.D. from the UC College
of Law and her B.A. from Denison University.
Joan Verchot, a partner
in Dinsmore’s Cincinnati office, was appointed
by The Ohio State Bar
Association Board of
Governors to study gender fairness in the legal
profession. The OSBA
Special Committee to
Verchot
Review Gender Fairness
in the Legal Profession issued its report in
October. Verchot was one of 24 members on
the committee responsible for reviewing and
providing recommendations to the Board of
Governors regarding the adoption of the 1995
Task Force Report in the Ohio legal system.
The committee, formed in September of 2008,
researched, reviewed and analyzed information for over three years. Verchot practices in
the areas of litigation and workers’ compensation, concentrating on litigation at the
administrative and trial court levels. She is
certified in workers’ compensation law by the
Ohio State Bar Association Workers’ Compensation Specialty Board.
Ready for retirement?
Income strategies,
account consolidation,
investment management
Michael W. JarroldGrapes, CFP®
Francis J. Niehaus,
JD, CFP®
Kevin J. Walsh, CFP®
Financial planning & investments
since 1987.
4820 Glenway Ave., Cincinnati, OH 45238
www.niehaus3.com • (513) 471-9600
Securities offered through Securities America, Inc., Member FINRA/SIPC
Advisory services offered through Securities America Advisors, Inc.
Niehaus Financial Services, LLC & the Securities America companies are
independent entities.
l
March 2012 CBA REPORT 35
member/firm news
Mark Silbersack, a partner in Dinsmore’s Cincinnati office, has been
elected president of Children, Inc., an organization dedicated to bringing
success to children and
families through quality
early childhood care and
Silbersack
education, before and after school care to assist working parents, and
service learning opportunities for thousands
of children in the region. Silbersack has been
a member of the Children, Inc., board since
2003. Silbersack is a member of the firm’s
litigation department. His practice focuses
on antitrust and product liability litigation
and counseling. He has participated in the
defense of restraint-of-trade, monopoly, price
discrimination, and unfair competition cases.
Silbersack’s experience includes internal
corporate audits and investigations, class actions, punitive damages, and appellate work.
Callan
Christopher
Sean P. Callan and John E. Christopher,
former partners at Dinsmore, have joined
the law firm Manley Burke as partners. In
addition, they, Tim Burke and Dan McCarthy have established Fraternal Law Partners,
the nation’s only law practice dedicated to
serving fraternities, sororities, student-life
organizations and their related educational
and charitable foundations.
Cheryl S. Scotney has
joined Keating Muething
& Klekamp PLL as a
partner in the intellectual
property practice group.
Scotney has experience
in protecting corporate
intellectual property,
including preparing and
Scotney
prosecuting domestic and
foreign trademark registration applications
and preparing and prosecuting domestic and
foreign patent applications involving inventions pertaining to the chemical arts. Prior
to joining KMK, Scotney worked for more
than 12 years as both a trademark and patent
attorney with the Standley Law Group LLP in
Dublin, Ohio. Prior to earning her J.D. from
Capital University Law School in 1998, Scotney was employed with Chemical Abstracts
Service working in various areas during her
career there, including in the editorial division, organic chemistry department, patent
services department, Markush department,
and the marketing division. Scotney earned
her B.S. from Ball State University in 1976.
Found!
Have You Been?
For more information about
Cincinnati Lawyer Finder,
please contact Maria Palermo
at [email protected] or
513-699-1402 or John Norwine
at [email protected] or
513-699-1400.
For a closer look,
check out www.
cincybar.org. and click
on “Need a Lawyer”
l
36 March 2012 CBA REPORT www.CincyBar.org
member/firm news
Bingham Greenebaum
Doll LLP, recently formed
by the merger of Bingham McHale LLP and
Greenebaum Doll & McDonald PLLC, has named
its regional managing
partners, including Mark
T. Hayden in Cincinnati.
Hayden
Hayden has experience
in a wide variety of litigation matters and
concentrates his trial practice on complex
business disputes, product liability, insurance coverage, ERISA litigation, trademark/
copyright litigation and employment litigation. Hayden serves on the OSBA Litigation
Section Council’s Newsletter and Publications Committee, the Cincinnati Chamber
of Commerce Regional Youth Leadership
Steering Committee and on the Covington
Catholic High School Board of Directors.
He earned his undergraduate degree from
Indiana University in 1983. Hayden earned
his law degree from the Indiana University
School of Law in 1986.
FIRM NEWS
Welcome New Members
Dinsmore has opened an office on the Route
202 corridor in suburban Philadelphia
in Wayne, Penn. The new office becomes
Dinsmore’s second in the state following an
expansion into Pittsburgh a decade ago. The
office includes five attorneys, specializing in
commercial real estate and commercial mortgage-backed securities as well as in banking,
regulatory and transactional matters, who
were formerly with Burns White LLC, which
merged with Dinsmore.
Rendigs, Fry, Kiely & Dennis LLP was
honored with the Medical Mutual 2012 Pillar
Award for Community Service for its contributions to the community. The firm promotes
company participation in one charitable
effort per quarter, such as making cards for
Ronald McDonald House or making food at
the Kids Against Hunger factory. Employees
are also involved in the community on an
individual basis, supporting more than 80
organizations.
The CBA Board of Trustees has
approved the following for
membership:
Attorney
James Alexander
Cornetet Meyer Rush & Kirzner Co. LPA
Sylvie Derrien
Statman Harris & Eyrich LLC
Frederick Fehr
Cohen Todd Kite & Stanford LLC
T. Finney
Vorys Sater Seymour & Pease LLP
Beth Freemal
Chavez Properties
Kara Hardy
Path Forward IT
George Jonson
George N. Jonson Co. LPA
Diana Link
Phyllis G. Bossin & Associates
A Legal Professional Association
Dustin Looser
Lerner Sampson & Rothfuss LPA
Lynda Mathews
Graydon Head & Ritchey LLP
Kelly McKoy
Lerner Sampson & Rothfuss LPA
Joseph McVicker
Vorys Sater Seymour & Pease LLP
Michele Murphy
Flagel & Papakirk LLC
Victoria Norton
UC Health University Hospital
Candise Powell
Get your case
irection
d
r
e
h
t
o
n
a
aded in
he
Use Cincinnati Bar Association Arbitration Services.
• An outstanding panel of local arbitrators you’ll know and trust
• Easy to use
• Cost-effective
• Administered by CBA staff
Ar b i t r a t i o n S e r v i c e s
Language for your contracts — as well as more information about the panel
and the services — is at www.cincybar.org or contact CBAAS Coordinator
Jamie Shiverdecker at [email protected] or at (513) 699-4013.
www.CincyBar.org Timothy Puin
McCormick Barstow LLP
Cheryl Scotney
Keating Muething & Klekamp PLL
Tyler Shank
Lerner Sampson & Rothfuss LPA
Kendall Shaw
Porter Wright Morris & Arthur LLP
Henry Sheldon
Alfred Shikany
Dinsmore & Shohl LLP
Anitra Walden-Jacobs
Jackson Lewis LLP
Affiliate
Elizabeth Kauffman
G.E. Aviation
l
March 2012 CBA REPORT 37
memorials
This section honors the lives of deceased members of the local bar. For more information about this service,
please contact Kathy Schmidt at (513) 699-1390 or [email protected].
Greg Ruehlmann Sr.
1955-2011
For our family, there are different little things that
bring Dad into our line of sight, or bring his voice to our
ears — and they did so as much when he was alive as they
do now. Flannel shirts, briefcases, high school football,
open windows on fall afternoons: all of them remind us
of him. For my wife Diana and I, it’s something far more
fundamental. I share his name, and so we instinctively see
his face every time my own name is called. When I summered at Dinsmore and
Shohl after my first year of law school, I thought of my father every time I glanced
at my name etched across the top of the stationery on my desk and peered out the
windows at the buildings of downtown Cincinnati around me.
We all have these tiny things, these unique triggers that spark a memory of the
people we love. These glimpses can’t capture the depth and complexity of the person they call to mind. But in the weeks since Dad’s passing, the response has been
vast and filled with admiration and rich memories — memories that together give
us something of a full picture and reflection of the man as he was.
They give a reflection of a man who fiercely loved his family: his four children
and daughter-in-law, the father who was his great hero in life, and the late mother
he adored whose picture he carried with him nearly everywhere he went. He loved
his seven brothers and sisters, his siblings’ spouses, his nieces and nephews and
their own children. Most of all, his love of family is reflected in what he saw as the
greatest accomplishment of his life, a marriage he entered nine years ago with his
wife, Jean, that gave him a new daughter, a new extended family he saw as his own,
and a shining source of generous love who transformed his life. Our Dad dealt with
debilitating physical pain in his last years, yet he always carried himself as if he had
won the lottery because of Jean, who showered him with care and love that grew to
meet every challenge, and every ache and ailment that time visited upon him. Dad
didn’t just love Jean, he venerated her.
The memories and associations we bring together give us an even fuller picture
still. They capture a man who in youth had been one of Cincinnati’s best prep
athletes, and who in adulthood was a supremely gifted courtroom lawyer — first
at Strauss, Troy and Ruehlmann, then Vorys, then White, Getgey and Meyer, and
finally at Squire Sanders. He was possessed of an uncanny wit but never turned
down a chance to make an intentionally bad pun. He was crazy about UC basketball and Monty Python, and had an infallible recall of every lyric to every song
that ever played on Oldies 103.5. He was a man blessed with many friends, some of
whom he had known since first grade at St. Teresa of Avila in Price Hill, and others
who were much younger, met him much later, and came to view him like a father.
Dad was intensely loyal, dependable and generous; as a lawyer, he was tireless in his
work for his clients and colleagues. He truly embodied that ultimate notion of the
attorney as counselor, and among his vast array of friends he counted many who
began as clients then came over time to lean on him for broader advice in everyday
life.
The unique triggers that cause each of us to remember the ones we love and
glimpse them out of the corner of our eye and hear their voice: those are the things
that death leaves us with. At a time like this, it’s very hard to see them as anything
but meager substitutes for the real thing. Yet we take comfort in the hope of faith,
in the lives Dad touched, and in the good memories that remain with us.
I want to thank you for sharing in our remembrance. I thank you on behalf of
Jean and my three siblings, on behalf of our grandfather, our aunts and uncles and
extended family. And I thank you on behalf of our Dad, who was so proud to count
himself as one of you.
— Greg Ruehlmann Jr.
l
Leon Loeb Wolf
1926–2011
In 1972, Leon Wolf
hired me. I was in
the second year of law
school; he was an established lawyer with
a thriving practice.
He paid me slightly
more than most of my classmates were getting—$4/hour. (But draft beers were 20¢.)
Of course, being in law school I had no
idea about practicing law. Back then, the law
school (UC) was much more divorced from
practice — and reality — than now.
All I learned about the actual practice of
law I learned from an ideal teacher. Leon was
patient, brilliant, persuadable, encouraging,
and a consummate lawyer. He treated his clients, and other lawyers, with the dignity and
respect appropriate for a profession. I learned
by example.
Back then, it was possible to be a general
practitioner. It was before the mushrooming
of laws, regulations, and specialized government agencies. The “Revised Code” (don’t
they have nerve to call it that?) was much
less than half what it is now. You could do
litigation, domestic, probate, small business,
personal injury, and even criminal. Leon
taught me all of it, which served me well later,
both in practice and as a judge.
Leon and I practiced together for six
years, first at Weinberger, Grad & Wolf and
then at Smith & Schnacke after a merger.
When I moved on, we remained friends
forever.
Leon was a consistently fine lawyer. And
he was consistent in his personal life. He and
Betty Ann were married for 63 years. As long
as I knew them they lived in the same modest
house, on Sunnyslope Drive in Paddock Hills,
where they raised their five daughters: Betsy,
Jo, Peggy, Kate, and Julie.
Leon retired in 2008, after practicing law
for 57+ years. I never heard anyone say an
unkind word about him. He was never less
than an AV lawyer and a cheerful soul. He
died just short of his 85th birthday.
Leon Wolf was my legal mentor. But I will
never be half the lawyer he was.
— Mark P. Painter
38 March 2012 CBA REPORT www.CincyBar.org
For display and classified advertising  rates for the CBA Report, contact George R. Quigley Sr. at (513) 779-7177 or [email protected].
CBA members receive a discounted rate!
office space AVAILABLE
EXECUTIVE OFFICE available in suburban
law office, convenient to Ronald Reagan Highway. Full service office including Internet and
Lexis Law. Alternative rental arrangements
available. Excellent opportunity for recently
admitted attorney desiring to build a law practice. Call Steve Halper (513) 793-4400.
OFFICE SPACE AVAILABLE at 125 E. Court
Street in downtown Cincinnati. Space consists
of attorney office in 10th floor suite. Includes
receptionist, secretary, library, conference
room, copier and fax. Attached garage
parking available. Call John McClure or Lou
Rubenstein at 513-241-7460
OFFICE SPACE - Tri-County. Make
2012 the year you started your own practice.
Keep the all fees you generate, pay a low
(fixed) overhead, manage your own workflow,
and enjoy a referral network of nine other
attorneys. Get the benefits of being on your
own without the start-up costs of a new
practice. Currently, we have openings for
three attorneys and support staff. If you are
interested in only having a part-time practice
or do not need a full time office, we have
options for virtual lawyers (remote access).
This would allow you to work from home,
affiliate with the firm, and use our office for
meetings. Contact John Cornetet 513-7712444 or [email protected]
MT LOOKOUT SQUARE 1050 Delta, Office
Space lease up to 1500sq ft mthly or L Term,
Pkg, Brk Rm, Conf Rm, Receptionist, Phone,
Fax, Copier, Internet. (513) 842-7996.
Advertising Index
Center for Resolution of Disputes........................9
Cincilingua.................................................................... 28
Cincinnati Art Gallery..............................................17
classified ads
POSITIONS AVAILABLE
CLASS “A” OFFICE SPACE IN BLUE
ASH near I-71 and I-275. Well appointed
professional offices. Can accommodate one
or two attorneys plus staff, two conference
rooms, full time reception and phone.
Referrals available from established tax
controversy firm with wide experience in
estate and trust matters. Excellent opportunity
for entrepreneurial lawyer to grow book of
business. Call Tom Utaski (513) 563-4555.
OFFICE AVAILABLE in a historic 3-story
brownstone at 115 W. Ninth. Includes parking,
receptionist, two conference rooms, copiers,
server, phone, internet and more. Call (513)
621-2888.
OFFICE SPACE AVAILABLE at 810
Sycamore Street. Office sharing arrangement
with offices of various sizes. Receptionist (M-F,
8-6 / Sat. 9-1), internet, cable, state-of-the-art
phone system, two (2) conference rooms on
each floor and large, fully equipped kitchen
with balcony. Please contact Kelly Farrish at
(513) 621-8700 or (513) 403-9699.
OFFICE SPACE AVAILABLE at the
Cincinnati Bar Center, 225 E. Sixth
St. Full fourth floor, approximately 7,000
square feet. Additional meeting space available
in the building, so lessee can minimize builtout conference space. Ideal for law firm or
other entity serving the legal community. For
more information, please contact CBA Executive Director, John C. Norwine, (513) 699-1400,
[email protected].
Phillips Law Firm, Inc. located in a
charming historic building in the heart of
Olde Montgomery seeks an attorney with 5+/years of experience. Experience in litigation
practice (commercial, personal injury, and
domestic relations) and non-litigation practice
(business transactions, real estate, and estate
planning) a big plus. Referral work is available.
Compensation is based upon revenue
collected. Benefits and many amenities are
available. Send resume in confidence to:
John H. Phillips, Phillips Law Firm, Inc., 9521
Montgomery Road, Cincinnati, Ohio 45242 or
[email protected].
Kohnen & Patton LLP, a mid-sized
Cincinnati law firm with a six-member estate
planning practice group, has an opening for
an attorney with 10-20 years of experience in
the estate planning field. The candidate must
have an openness to learning international
estate planning and administration. Interested
persons may send their resume in confidence
to [email protected]. No calls please.
Professional Services
Lawyers: need help with an
appeal or a jurisdictional
memorandum? Marianna Brown
Bettman, former Ohio state court of appeals
judge, provides appellate consulting services to
lawyers. Marianna Brown Bettman, 400 Pike
Street, Cincinnati, Ohio 45202; (513) 281-0978;
[email protected].
www.legallyspeakingohio.com
Ethical Quandary?
March Ethics Hotline Attorneys
Ann Schooley (513) 381-9369
Chuck Strain (513) 621-2889
Freking & Betz LLC....................................................11
Hamilton County Law Library................................6
Niehaus Financial Services..................................... 28
Office Key..................................................................... 40
One Source Discovery.............................................13
Quintairos Prieto Wood & Boyer PA................15
Rivepoint Capital Management.............................10
UC College of Law........................................... 2, 7, 13
www.CincyBar.org 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
March 2012 CBA REPORT 39
NON PROFIT
U.S. Postage Paid
Cincinnati, Ohio
Published by the Cincinnati Bar Association
The Cincinnati Bar Center
225 East Sixth Street, 2nd Floor
Cincinnati, OH 45202-3209
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