tba news - toledo bartba news january 2016 – 5 meet the board of directors robert c. tucker...

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TBA news January 2016 | Volume 63, No. 5 | USPS 757-430 A newsletter from the Toledo Bar Association inside inside info President’s Briefcase .............................. 2 Justice for All Campaign......................... 3 Lawyers in the News ............................... 4 Board Profile: Bob Tucker ..................... 5 Non-Profit Org Profiles............................ 6 Ohio Supreme Court Update .................. 8 Effective Negotiation Pt. 1 ...................... 9 CLE ............................................................ 11 Fastcase .................................................. 11 Legal Community News ........................ 13 Classified Ads ......................................... 14 Change of Scene .................................... 15 Committee Calendar .............................. 16 ONLINE LEGAL RESEARCH FREE to TBA members Find out more on page 11 2015 Holiday Luncheon Honorees from the 50 and 60-year member classes pose for a portrait. Jim Jeffery gave the address on behalf of the class. From left front: Ken Mickel; Steve Timonere; Bobby Kaplan; Frazier Reams From left back: Jim Jeffery; R. Michael Frank; Richard Ellenberger; Howard Friedman; Buzz Mewhort; Barry Savage; Doug Metz; Bill Barkan; and Jim White TBA President Michelle Kranz (left) and past president Mike Todak (right) congratulate Cathy Garcia-Feehan on receiving the Robert A. Kelb Award, given for distinguished service to the Toledo Bar Association. Mike presented the award to Cathy and spoke of her years of dedication to the activities of the Toledo Bar.

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Page 1: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

TBA newsJanuary 2016 | Volume 63, No. 5 | USPS 757-430A newsletter from the Toledo Bar Association

inside

inside infoPresident’s Briefcase .............................. 2Justice for All Campaign......................... 3Lawyers in the News ............................... 4Board Profile: Bob Tucker ..................... 5Non-Profit Org Profiles............................ 6Ohio Supreme Court Update .................. 8Effective Negotiation Pt. 1 ...................... 9CLE ............................................................ 11Fastcase .................................................. 11Legal Community News ........................ 13Classified Ads ......................................... 14Change of Scene .................................... 15Committee Calendar .............................. 16

Online legal ReseaRch

FREEto

TBA membersFind out more on page 11

2015 Holiday Luncheon

Honorees from the 50 and 60-year member classes pose for a portrait. Jim Jeffery gave the address on behalf of the class.

From left front: Ken Mickel; Steve Timonere; Bobby Kaplan; Frazier Reams

From left back: Jim Jeffery; R. Michael Frank; Richard Ellenberger; Howard Friedman; Buzz Mewhort; Barry Savage; Doug Metz; Bill Barkan; and Jim White

TBA President Michelle Kranz (left) and past president Mike Todak (right) congratulate Cathy Garcia-Feehan on receiving the Robert A. Kelb Award, given for distinguished service to the Toledo Bar Association.

Mike presented the award to Cathy and spoke of her years of dedication to the activities of the Toledo Bar.

Page 2: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

2 – January 2016

Michelle L. KranzPresident

The Gridiron is coming, the Gridiron is comingThe President’s Briefcase

The GridironKick-Off PartyThursday, January 28

5:30–7:30 pm Table Forty 4610 Monroe Street, Downtown Toledo, second floor

Contact: Kurt Bruderly, [email protected] Anderson Roth, [email protected]

See you there!

Several months ago, I raised the ques-tion about the end of the Toledo Way. Whether you gave any thought to what that meant or its impact on the every day practice in our legal community, you have an easy way to vote to keep the Toledo Way alive: The Gridiron.

Does January seem too early to start pumping the 83rd Annual Gridiron Show? In my humble opinion, absolutely not. It is the lynch pin of the Toledo Way. On January 28, the band of merry makers known as the Junior Bar Associa-tion will host its annual kick-off party. I can assure you, there is a spot for you on stage, back stage or with the writing crew and guess what, participating in the show is fun. There is no question that it gives participants the chance to make important connections and build signifi-cant relationships but do not forget, it is just plain fun to participate. I will repeat what has been said countless times for countless years, that the Gridiron is the source of the “Toledo Way” of practice. Do a survey, ask any TBA member or sit at a TBA Board retreat, and you will hear that the Gridiron differentiates our way of practicing from almost every other bar association in the country.

Yet for the past several years, whispers of frustration about attendance at the Gridiron have swirled. There is no doubt that attendance has dwindled since the Gridiron’s inaugural year at the Valen-tine, where it was a sell-out crowd of over 900 people. Many of us can remember the days of 2,500 audience members at the Stranahan Theatre. Many hours and copious amounts of adult beverages have been committed to trying to understand what the audience wants. What can the Junior Bar do better? Shorter show?

Longer show? More songs? Shorter songs? More skits? More cowbell? I am confident the Junior Bar will continue to ask those questions but I am not here to answer them.

I am here to pointedly and shamelessly remind you of what the Gridiron means to our legal community. If you have ever needed a deposition continued because your child suddenly came down with the flu or needed an extra day to finish a responsive pleading, and an opposing

attorney from Toledo said “no problem” to such a request, you should buy a ticket to the Gridiron Show. If you have ever participated in the Show and enjoyed the fun and camaraderie of being in the cast, you should buy a ticket to the show. If you have wondered why young attorneys are not attending your function, you need to buy a ticket to the show. If you have ever ended a contentious hearing in another legal community and uttered the words “this would not have happened in Toledo,” you need to buy a ticket to the show. Finally, if you have ever simply referenced the “Toledo Way,” you need to buy a ticket to the show.

Trust me, I want you to PARTICIPATE or ATTEND the Gridiron but I will at least accept a sell out of the Valentine. Do not make another excuse to skip the Gridiron. Support the cast. Support the Show. Most importantly, support the Toledo Way.

P.S. Follow up on the TBA Facebook page—we reached 500! Don’t forget to check out the pictures and links on the page.

More cowbell?

Page 3: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

TBA news

January 2016 – 3

even

ts

don’t miss

Martin Luther King Day~ TBA closed

Mock Trial Judges Training~ 12 nOOn @ the TBA

Mock Trial Competition~ Judges report by 11:45 am ~ Toledo Municipal Court

Diversity Potluck Luncheon~ Bring a dish & join us @ the Toledo Bar~ 11:30 – 1:00

25FEBRUARY

21

JANUARY

18We are almost to our goal! Donations will be accepted until January 15.

The Justice for All Campaign, a fundraising partnership among the TBA Pro Bono Legal Services Program, LAWO and ABLE, is closing the books on its second annual campaign. If you have not already made

your donation, please consider a gift before the January 15 deadline. Thank you!

• The Justice for All Campaign:~ provides operating funds, divided equally among the providers;~ supports legal assistance, guidance, representation and advice in non-criminal cases for low income clients.

• Please continue to volunteer for the TBA Pro Bono Program — volunteer forms will be mailed to your office. Or contact Pro Bono Director Pat Intagliata at [email protected] to volunteer.

DonationsAll donations are tax deductible

Make checks payable to: Or donate online: Justice for All Campaign JusticeForAllCampaign.org PO Box 1358 Toledo, Ohio 43603-1358

SAVE THE DATE: The Access to Justice Awards Dinner event on April 20, will continue to be a joint fundraising event for ABLE, LAWO and the TBA Pro Bono Program.

The Campaign was a huge success— you can still make your donation today!

100% Giving Firms*Allotta & FarleyBrady, Coyle & SchmidtBunda, Stutz & DeWittConnelly & Collier Cubbon & AssociatesFrederickson, Heintschel & KingGallon, Takacs, Boissoneault & SchafferGoranson, Parker,& BellaGroth & Associates LaValley, LaValley, Todak & SchaeferMacMillan, Sobanski & ToddMalone, Ault & FarellMaloney, McHugh & Kolodgy

Niehaus, Wise & KalasSpengler NathansonThacker Martinsek

Firm Gifts $1000+*Allotta & FarleyAnspach Meeks EllenbergerGoranson Parker & BellaLaValley, LaValley, Todak & SchaeferMalone, Ault & FarellMarshall & MelhornShumaker, Loop & KendrickThacker Martinsek

*as of press time 12/18/15

Justice for All Campaign Update

Thank you to all our donors, with special mention to these firms:

29

Page 4: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

4 – January 2016

Please send “Lawyers in the News” items to: [email protected]

Lawyers in the News

Edward Schimmel took office as mayor of the City of Northwood on January 1, 2016. He was elected in November, after serving eight years on Northwood city council.

Pickrel, Schaeffer & Ebeling announces that Suzanne Belot Norton has been selected as a 2016 Ohio Super Lawyer, as published in Ohio Super Lawyers magazine.

The lawfirm of Miller, Hoch & Carr claims three members who are very active in local elective governement. Partner Richard Carr was elected Mayor of the City of Maumee on November 3. Partner Jim Valtin was re-elected on November 3 to Waterville City Coun-cil. And, Associate Dan Hazard was reelected to Maumee City Council.

George N. Fell II was included in the 2016 Edition of Best Lawyers in America in the area of Workers’ Compensa-tion—Claimants. George was also recognized

for being chosen for more than the last consecutive 20 years.

Roetzel & Andress announces that two Toledo office attorneys, Patricia B. Fugée and Henry Geha III, have been named as a 2016 Ohio Super Lawyer and a 2016 Ohio Rising Star, respectively, by Ohio Super Lawyers Magazine.

Page 5: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

TBA news

January 2016 – 5

Meet the Board of Directors

Robert C. TuckerDirector

405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 • [email protected]

Got Ethics?* *Ethics and Professional Responsibility Defense

• Former Chair of the TBA Grievance Commitee • Prior prosecutor and investigator of grievances Now taking defense cases.Kitch

Attorneys & Counselors

Patrick B. Cavanaugh

Bob Tucker’s election to the TBA Board is just the latest chapter in a long history of involve-

ment in the bar association and other community organizations. Within the TBA, Bob has been an active member of the Doc-tors and Lawyers Committee (currently serving as Committee Chair), the Federal Court Committee (currently serving as Secretary), and the Grievance Committee. As with many attorneys active in bar leadership, Bob has strong roots in the Junior Bar and the Gridiron. His Gridiron involvement has mixed on-stage presence with writings for the Bar Rag and promoting the show. Bob also is active in the Federal Bar Association, where he serves on the board, the local chapter of the Inns of Court, and the Society of Ohio Healthcare Attorneys, not to mention membership in numer-ous bar associations.

The legal field is only a part of Bob’s community involvement. He is on the board of Toledo Unleashed, which oper-ates a dog park on the site of the former South Toledo YMCA. One may be interested to know that dog owners need to secure a permit to use the park. The permit process helps ensure only healthy, vaccinated dogs use the Park. Bob is curious to see how the planned dog park at the Middlegrounds Metropark—with unrestricted use—works out.

Professionally, Bob practices at Robison, Curphey, and O’Connell where his practice is committed to civil litiga-tion, primarily commercial disputes and medical malprac-tice defense. He received his undergraduate degree from Georgetown University and

his JD from the University of Toledo.

Bob has ambitious goals for the TBA. He is concerned about the changing de-mographics of attorneys and the relative lack of involvement of newer attorneys in the TBA. Advances in technology also pose challenges, and opportunities, for the legal profession. Bob believes strongly that the Bar needs to support the Gridiron and the involvement of newer attorneys in the bar. He ran for a position on the Board because he wants to help address these issues, and not be left sitting on the sidelines.

Bob has been married five years—having met his spouse, Kristen, at Georgetown—and lives in Toledo with a growing family that includes a 3-½ year old son and a five month old daughter. In his spare time, among other activities, Bob co-hosts a podcast—Toledo Matters (http://www.toledomatters.com). The podcast features a guest from the area —persons who make Toledo interesting and a great place to live and work. Check it out. Welcome to the Board, Bob!

These fine attorneys have donated their Wednesday evenings to sup-port the Toledo community by

answering legal questions for those who would not otherwise be able to receive free legal advice.

Thanks to all recent volunteers! Thomas Cafferty John Landry Michael Antonini Paul Davis Valerie Fatica Steve Roach Bill Bair Frank Landry Anita Levin John Pardee

Please volunteer for January & February When: AnyWednesday•5:15–7:30pm

Where: WTOL-11 (corner of Summit & Cherry)Contact Diana Lipszyc at 419-242-4763 or [email protected].

Thanks to “Ask the Attorney” Volunteers

Welcome to New Lawyer Referral Panel Member

The Lawyer Referral Service is proud to announce its newest members to the panel. He has already begun to increase his client base and revenues and is tak-ing advantage of the LRIS advertising in the community.

Welcome, Stephen Winters

If you would like to be a part of the LRIS, please contact Diana Lipszyc at 419-243-4763 or [email protected].

Page 6: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

6 – January 2016

Toledo Fair Housing Center

432 N. Superior Street, Toledo OH 43604 C: 330-571-5072 (419) 243-6163 ext. 45 www.facebook.com/ToledoFairHousingCenter/Michael Marsh, [email protected] Hillyer, [email protected] Leah Mullen, [email protected]

The Toledo Fair Housing Center (TFHC) is a professional, non-profit, civil rights agency that fights housing discrimination. Through education, advocacy, enforce-ment, and shaping public policy, TFHC works to ensure equal opportunities and access to housing, neighborhoods, public accommodations, lending and insur-ance.

President and CEO Michael Marsh describes the advocacy and investigative servic-es that TFHC directly provides as “non-legal,” but says the organization’s approach is “holistic.” Marsh says TFHC is committed to being able to connect callers and clients to whatever legal or social services are needed, including services outside the scope of the TFHC’s direct action. This means that TFHC makes referrals

Have you ever sought help or advice about a case from anyone not in the legal profession? Many of us would pause—even balk—at this

suggestion. After all, as lawyers we are, by definition, specially qualified to give certain kinds of advice—and we’ve worked hard to get here.

But let’s be honest: none of us can master every area of the law, and in fact, it can be hard to “think of everything” even concern-ing one particular area of the law.

Non-profit advocacy organizations that work on a particular social, political, or legal issue may have attorneys on staff, but even if they don’t, they in many cases de-velop expertise in their particular issue or with a particular population. And they often spend time advocating on the public policy or legislative side of an issue—something that we trial attorneys may not have time for.

Further, if you see an opportunity to build your practice or reputation through pro bono work, non-profits working with lower-income or financially strapped people may be a new source of clients.

The Toledo Bar Association Newsletter Committee surveyed several area non-profit advocacy organizations asking, and asked:

• whether they offer legal services or lawyer referral;

• how each agency collaborates or interacts with the legal community;

• what, if anything, the agency can offer an attorney working on a case in the area they work in;

• whether they have employment or pro bono opportunities for lawyers.

Ability Center of Greater Toledo419-885-5733 www.abilitycenter.org www.facebook.com/abilitycenter/Katherine Hunt Thomas, [email protected]

The Ability Center (ACT) provides Information and Referral, Advocacy, Inde-pendent Living Skills Training, Peer Support and Community Living, and other services to achieve their mission of helping people with disabilities “to live, work and socialize within a fully accessible community.”

The Ability Center staff includes one Disability Rights Attorney, Katherine Hunt Thomas. She takes on cases that “fall within [ACT’s] policy priority areas or further a disability policy goal.” Those with legal problems not really falling within the Center’s priorities can call the Information & Referral line for an outside referral.

Thomas says attorneys who need to bone up on the Americans with Disabilities Act or the Fair Housing Act can use ACT as a resource. Finally, an attorney who is “interested in co-counseling or bringing in the Ability Center as a plaintiff in a systemic disability rights issue” can contact the Center to discuss the matter.

Who You Gonna Call? Part 1A survey of non-profit advocacy organizations and the assistance they can provide for attorneysby Jessica Weinberg

In Part 1 of the survey, the Ability Center and Toledo Fair Hous-ing Center are profiled. In the February issue, Bright Horizons and Advocating Opportunity will be featured.

—continued on page 7

Page 7: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

TBA news

January 2016 – 7

as when TFHC requests a reasonable accommodation or modification on behalf of one of its clients, and during the adversarial process when we file administrative housing discrimination complaints with state or federal adminis-trative agencies (HUD and OCRC).”

Zachary Hillyer, Director of Enforce-ment, says attorneys with a problematic landlord/tenant, housing discrimina-tion, or foreclosure case on their hands can benefit from the agency’s “decades of experience conducting fair hous-ing investigations and assisting clients through administrative or legal proceed-ings involving housing discrimination allegations.” This includes both “procur-

ing evidence through testing and other means,” and guiding individuals through the administrative or legal process.

“Many times the most effective, and in some cases the only, way to substantiate an individual’s housing discrimination allegation is for an organization like TFHC to conduct testing and other spe-cialized investigative techniques,” Hillyer explains.

Marsh, Hillyer, and Mullen say they are always looking to build relation-ships with additional attorneys from the private bar—both attorneys who will accept referrals and those who need the agency’s investigative assistance.

to nonprofits, government agencies, and legal services organizations, includ-ing Advocates for Basic Legal Equality (ABLE); Legal Aid of Western Ohio (LAWO); the Toledo Bar Association; and private attorneys.

A TFHC client may be given a referral to an attorney to help “assert their rights during eviction and other proceed-ings that may not involve fair housing claims,” says Leah Mullen, Staff Attorney and Senior Compliance Director. In many cases, clients show up when an eviction is pending and the need for assistance is urgent. Attorneys may also represent the agency itself, Mullen says, such as, “to negotiate settlements, such

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Who You Gonna Call?—continued

Page 8: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

8 – January 2016

Ohio Supreme Court Updateby Evy M. Jarrett and Tammy G. Lavalette

State ex rel. Precision Steel Servs., Inc. v. Indus. Comm., Slip Opinion No. 2015-4798 (November 24, 2015).

This case involved the appeal of a man-damus case challenging an additional workers’ compensation award by the In-dustrial Commission on the employer’s violation of a specific safety requirement (“VSSR”). Appellant employer alleged that the Industrial Commission abused its discretion in determining that the employer violated certain safety regula-tions in the Ohio Administrative Code when it failed to repair or replace a crane hook that was missing from a safety latch and/or failing to remove the crane from service due to the missing latch.

Noting that neither rule at issue (O.A.C. 4123:1-5-14(G)(1) and O.A.C. 4123:1-5-15(B)) set forth a specific safety requirement regarding a latch on a hook attached to a crane, the Court found the Industrial Commission’s decision was an abuse of discretion. Accordingly, the Court issued a writ of mandamus find-ing that the employer did not violate the specified Code sections.

State ex rel. M.L. v. O’Malley, Slip Opinion No. 2015-Ohio-4855 (November 25, 2015).

Relator, “M.L.,” sought a writ of prohibi-tion in the court of appeals prohibiting the Cuyahoga County Juvenile Court (“Ohio Court”) from continuing to ex-ercise jurisdiction over her minor child, “M.A.H.” The child’s father, “J.H.,” who was never married to M.L., filed an action to determine custody in Ohio on April 21, 2011, but service was not made on M.L. M.L. moved with M.A.H. to New Jersey on May 1, 2011. On July 6, 2012, J.H. filed a second application to determine custody. M.L. filed a motion to dismiss, asserting that she had a pend-ing custody action in New Jersey. New

Jersey subsequently found that Ohio should retain jurisdiction.

M.L. filed this action, asserting in an amended pleading that the case should proceed in New Jersey, as that state had become the child’s home state by the time J.H.’s second application was filed. M.L. argued that since the original custody action was vacated due to lack of service, and M.A.H resided in New Jersey at the time the second action was filed, New Jersey was M.A.H.’s home state for purposes of R.C. 3127.01. Not-ing that “a new case number alone does not negate the fact that J.H.’s original custody action was filed when M.A.H’s home state was undoubtedly Ohio…” the Court found that there was no patent and unambiguous lack of jurisdiction in the Ohio Court. The petition was denied.

Steak ’n Shake, Inc. v. Warren County Board of Revision, Slip Opinion No. 2015-Ohio-4836 (Nov. 25, 2015).

Appellant Steak ’n Shake filed an unsuc-cessful complaint before the Warren County Board of Revision seeking to reduce the real property valuation the County assigned to one of its locations. The Board of Tax Appeals (“BTA”) adopted the original valuation, and Steak ’n Shake appealed to the Supreme Court.

The Ohio Supreme Court rejected argu-ments made by Steak ’n Shake regarding the competency of the County’s valua-tion expert, an employee of a consultant used by the County. However, the Court agreed with Steak ’n Shake that the County’s appraiser failed to adjust the prices of comparable sales to account for the increased value that existing long-term leases would have on the sale prices of those comparable properties. Since

the subject property was not encumbered by a long-term lease, it would likely have sold for less. Thus, the Court reversed the decision of the BTA and remanded the matter for further proceedings.

State v. Johnson, Slip Opinion No. 2015-Ohio-4903 (Dec. 1, 2015).

Rayshawn Johnson was sentenced to death in 1998, and the Supreme Court affirmed. But Johnson sought and received relief in federal court, and in 2011, a new mitigation hearing was held. The jury again recommended a death sentence, and the trial court again imposed the death penalty.

On appeal from the second trial, the Ohio Supreme Court vacated the death sentence based on its independent weighing of the aggravating circumstanc-es against the mitigating evidence of the nature and circumstances of the offense and Johnson’s history, character and background.

The Court found “significant evidence” of Johnson’s “troubling family history and childhood.” His age of 19 and his impairment due to marijuana at the time of the murder were entitled to some weight, as were his IQ, his good behavior during incarceration and his remorse. Johnson was “’doomed from the start’ due to his upbringing,” and at 19, “he was not far removed from that corrosive upbringing when he committed the crime.” Finally, the Court emphasized evidence that “as Johnson has aged and been part of a structured prison envi-ronment, he has changed.” The Court concluded that while no one of the mitigating factors standing alone would outweigh the aggravating circumstances, “when viewed cumulatively, the mitiga-tion evidence militates against imposing the death sentence.”

Page 9: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

TBA news

January 2016 – 9

This is the first in a six-part series of articles entitled: The Art and Practice of Effective Negotiation. The first two

parts will address matters that should be given thought and consideration before you even meet a client on whose behalf you will be negotiating. The last four parts in the series will address conduct-ing the negotiation itself.

Part 1: Before you meet the clientNegotiation is all about dealing with people, getting along with them, and persuading them. It is important to know and understand not only your own negotiation default style, but also the “characteristics” of all five (5) negotiating “personalities”/styles. Why? Because the key to a successful negotiation is building a relationship with your counterpart that will build sufficient trust to allow for effective communication. Information and the possession of it equates to power in a negotiation, and the more trust that exists between the negotiators, the more necessary information will be exchanged. Thus, it is important to know who you are/are not, and also to be able to deter-mine/assess the “negotiation style” of your counterpart.

Negotiation style/mode depends in large measure on your ingrained personality pattern. One manner of assessing your tendencies as a negotiator is the Thomas-

Kilmann Conflict Mode Instrument (TKI). The TKI measures the five (5) dimensions (Competing; Collaborating; Compromising; Avoiding; and, Accom-modating) of how individuals deal with conflict and negotiation to determine their degree of assertiveness and/or cooperation.

When selecting an approach, the biggest factor is your own comfort zone, which is formed by your personality and values. You must negotiate within your own per-sonal comfort zone, for choosing a style that does not fit your personality and values, if not a recipe for failure, is likely to make the negotiation more difficult.

Five (5) TKI questions:• When you are operating in your style,

what are the behaviors you exhibit?

• What are the advantages of this style?

• What are the disadvantages of this style?

• How might you want/wish to behave differently in a negotiation against

–a member of your group? –a member of the other group?

Be aware of your own tendencies, and the tendencies of your counterpart’s conflict management/negotiation style, as well as how to bargain with your counterpart. Have a broad repertoire of approaches and strategies so that you are able to engage conflict constructively as it arises.

Since I indicated at the start of this ar-ticle that negotiation is all about dealing with people, getting along with them and persuading them, it is essential to have knowledge about a key ingredient that is present in every negotiation, emotion. Pay attention to your own, your counter-part’s and especially the parties’ emo-tions. Client(s), as well as the other par-ties, have emotional needs that may not be readily expressed by the environment. Emotional needs, as well as substantive needs, may be critical factors that have to be satisfied to reach a settlement. Listen to them.

Emotional Intelligence (EQ) is the ability to identify and manage your own emo-tions and the emotions of others; the ability to harness emotions and apply them to tasks like thinking and problem solving; and, the ability to manage emo-tions. As Joshua D. Rosenberg points in his most interesting article, Interpersonal Dynamics: Helping Lawyers Learn the Skills and the Importance of Human Relationships in the Practice of Law, 55 U. of Miami L. Rev. 1225 (2004): “… the single greatest weakness of most negotiators is that they too often fail to even consider the think-ing and emotions of others.”

To summarize, before you meet with the client on whose behalf you will be ne-gotiating, it is essential that you educate yourself regarding the types of negotiat-ing styles (including your own) and that you understand and gain the ability to appreciate the role that emotion plays in attaining a successful negotiation.

Part 2 in this series (next month) will continue to address considerations that should be given by you prior to meeting the client.

The Art and Practice of Effective NegotiationPart 1 of a six-part series by Tom Douglas, resolutions, Facilitative Mediation Services

Florida Estate Planning and ProbateNicholas J. Cron, Esq.

Rohrbachers Cron Manahan Trimble & Zimmerman Co., L.P.A.405 Madison Avenue, 8th Floor • Toledo, Ohio 43604-1243

(419)248-2740 • [email protected] in Ohio and Florida. LLM taxation. Will probate uncontested estates in Florida.

Page 10: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

10 – January 2016

The 83rd Annual GRIDIRON SHOW!

The Junior Bar Association is ready to kick off the 83rd season of the Gridiron Show. Musical and writing talent are appreciated in the Gridiron, but in no way required. For more information about this year’s Show and Gridirons past, please join us at the upcoming Kick-Off Party where we’ll serve scrumptious appetizers and, in keeping with Gridiron tradition, provide some complimentary beverages.

Gridiron Kick-Off Party Jan. 28, 2016, 5:30–7:30 pm at Table Forty 4

610 Monroe Street, Toledo Ohio 43604, on the second floor

Contact: Kurt Bruderly, [email protected] Anderson Roth, [email protected]

Page 11: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

TBA news

January 2016 – 11

Find Out What Fastcase Is All About

Fastcase research and free online webinars:

www.toledobar.orgUnlimited free legal research for TBA members. Log in: www.toledobar.org

Put that book down! Welcome to the 21st

century with legal research powered by analytics. Courtesy of @Fastcase and the Toledo Bar.

Fastcase Tip:You are already a member of Fastcase (via the Toledo Bar), so why not take a moment to learn how to use it? Learn about everything from getting started to the more advanced features, such as Forecite and multi-jurisdictional searches.

Visit www.fastcase.com/support and click on “Documentation and Down-loads.” The guides offer something for everyone, from beginners to Fastcase veterans.

Get started at www.toledobar.org. Use your TBA login and password to access Fastcase.If you do not know your TBA login, contact:• Kali Marsh, 419.242.3820, [email protected] • Jenna Grubb, 419.244.1044, [email protected]

EASTMAN & SMITH LTD.ATTORNEYS AT LAW

Established 1844

Columbus • Detroit • Findlay • Toledo www.eastmansmith.com

_____________________________________

Eastman & Smith Ltd. Mediation ServicesBankruptcy•Civil Litigation•Commercial Litigation•Creditor Rights•

John M. [email protected]

419-247-1629

Professional Negligence •Shareholder Disputes•Supply-Chain Disputes•Trust Disputes•

Richardo I. [email protected]

248-377-0700

Jared J. [email protected]

419-247-1461

Continuing Legal EducationFor more CLE seminars, check your email or the TBA website: www.toledobar.org

2015 Annual Juvenile Court Practice Seminar(Video Replay)January 15, 2016Toledo Bar Association8:30 A.M. —3:45 P.M.6.0 General Credit Hours or 6.0 New Lawyer Training Hours

Lucas County Court of Common Pleas Annual Appointed Counsel Criminal Practice Seminar(Video Replay)January 22, 2016Toledo Bar Association8:30 AM — 4:30 PM 7.0 General Credit or New Lawyer Training HoursIncluding 1.5 Professional Conduct

Need more CLE?The TBA and other Ohio Metro Bar Associations offer online seminars at http://toledo.fastcle.com/

Page 12: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

12 – January 2016

The TBA Foundation & the TBA Pro Bono Legal Services Program acknowledge these donations:

In Memory of Dominic Brunoby Steven Timonere

In Memory of Ann D. Hamiltonby Hon. Lynn & Steve Schaefer

In Memory of Christina Giudici Crociby Ronald & Carolyn Moening

The Toledo Bar Association Foundation accepts memorial and honorary donations. Please make checks payable to “TBA Foun-dation” and specify your intentions.

Memorial & Honorary Donations

Vin Devers Autohaus5570 Monroe Street • Sylvania, Ohio • 419-885-5111 • www.vindevers.com

$409mo*36 MO. LEASE $4,703 due at lease signing

$40,950 MSRP

*Available only to qualified customers through Mercedes-Benz Financial Services at participating dealers. Not everyone will qualify. Excludes title, taxes, registration, license & doc fees. Cash due at signing includes 1st month’spayment of $409. 30,000 mi. allowed, with $.25/mi. thereafter; and vehicle turn-in fee. No security deposit required. See dealer for complete details. Subject to credit approval. ©2015 Authorized Mercedes-Benz Dealers.

REV_5588 Devers_TolBarAssn_1215.qxp_Layout 1 12/16/15 12:33 PM Page 1

The Toledo Bar’s Intellectual Prop-erty Law Committee presented a seminar entitled “Entrepreneurial

Tools for Business Development” to 40 members of the University of Toledo Alumni Association’s Engineering Af-filiate. On December 1, members of the Committee conducted a Continuing Education Professional Development Seminar hosted by the Engineering Alumni Affiliate. The engineers in attendance received a certificate for 1.5 Professional Development Hours (PDH).

Speakers from the Intellectual Property Law Committee included committee Chairman Larry Meyer who discussed Copyright Law. Dave Purdue discussed

Intellectual Property Law Committee Conducts Seminar for UT Professional Engineersby Greg Robinette

Trademarks and their value to busi-ness. Jim Duggan and Greg Robinette discussed patents and the patent applica-tion process. Dave Dorner, the Director of Business Development for Rocket Ventures, wrapped up the seminar with a discussion of services and funding opportunities available though Rocket Ventures and other Ohio entities.

Robin Whitney, a member of the UT Engineering Affiliate, coordinated the seminar and stated that she received positive feedback from the attendees, many of whom especially enjoyed Dave Purdue’s discussion of the Rolf Trade-mark for bicycle wheels developed by Toledo inventor Rolf Dietrich.

Page 13: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

TBA news

January 2016 – 13

Legal Community News

Lucas County Bar Association

January 2016 MeetingsJan. 4—Installation of 2016 Officers

Jan. 11—Jeffrey Crowther, As the Dust Devils Danced—”God, Pashtun Honor, Opium and Stability in Uruzgan, Afganistan

Jan. 18—No Meeting—Martin Luther King Day

Jan. 25—Leah S. Mullen, Staff attorney/Senior Compliance Director—Toledo Fair Housing Center

All luncheons on Mondays, 12 noon ~ $11Program: 12:30 – 1:00 ~ All are welcome Georgio’s Café International ~ 426 N. Superior

Paralegal Association of Northwest Ohio

PANO Board MeetingTuesday, January 12, 2016 • 12 nOOn Toledo Bar Association

PANO Member MeetingMonday, January 25, 2016 • 12 noon • Toledo Bar Association Speaker: Jeni Belt, Shumaker Loop & Kendrick, LLP

FisherBroyles LLP Welcomes

Martin (Marty) B. [email protected]

• Healthcare, Hospital and Pharmacy Law• Commercial Transactions• Compliance Counseling• Corporate Governance

ATLANTA • AUSTIN • BOSTON • CHARLOTTE • CHICAGO • C INCINNATI • CLEVELANDCOLUMBUS • DALLAS • DETROIT • HOUSTON • LOS ANGELES • MIAMI • NAPLESNEW YORK • PALO ALTO • PHILADELPHIA • PRINCETON • SEATTLE • WASHINGTON, D.C.

6800 W. Central Ave. Unit EToledo, Ohio 43617419.214.1050fisherbroyles.com

FB_2015-004_ToledoBar-Ad_.indd 1 12/16/15 11:15 AM

Nominate Someone for the TBA Board of Directors!

Nominations for service on the Toledo Bar Association Board of Directors will be accepted

now through February 15, 2016. Send all nominations to the TBA Nominating Committee, Randy Dixon, Chair, 311 N. Superior, Toledo OH 43604.

NominationsNominations can be made via self-nom-ination or by a current TBA member. All nominees must be current TBA members.

Nominations may include:•Letterofinterest;•Resume;•Letter(s)ofsupport;and•Nomineebiographicalinformation

(form available on website or at TBA).

The Committee will present the slate for placement as stipulated per Article VIII of the TBA Code of Regulations.

Save the Date:PILA AuctionFriday, February 19, 201610th Annual

Toledo Law Public Interest

Fellowship Benefit Auction

6:00–9:00pm

The University of Toledo College of Law

Page 14: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

14 – January 2016

Free Meeting Rooms for Use by Toledo Bar MembersPrivate rooms are available at the TBA for depositions and other client meetings. Call to schedule: 419.242.9363

Positions Available/WantedEMPLOYMENT OPPORTUNITY—Established litigation lawfirm has an immediate opening for an associate attorney with 1 to 3 years experi-ence. Salary and benefits are negotiable. Send cover letter and resume to P.O. Box 2328, Toledo, Ohio 43603.

LEGAL ASSISTANT/PARALEGAL Sylvania law office seeking part-time Legal Assistant/Paralegal. Position requires pleading preparation, transcription, and file maintenance. Knowledge of Excel helpful. Send resume to [email protected].

FREELANCE LEGAL/MEDICAL TRANSCRIP-TIONIST—with 30 years of experience looking to make your job easier. I provide a variety of transcription services including pleading prepara-tion, transcription, general typing, etc., with exceptionally fast turnaround time at a very low cost. For more information, please contact me at 419-290-9961 and/or by email at [email protected].

PARALEGAL SERVICES—Attorneys, whether you’re understaffed, just starting your firm, have a temporary overload or just do not want to hassle with the paperwork; we can HELP! Our Service will allow you to devote more time to your firm. We will take care of all the paperwork and filing. So sit back, relax while we get the work done! Here at J.M.P. Paralegal Services we offer a variety of legal services. For more information please contact me at 419-242-1400 ext 247 and/or [email protected]

PANO JOB BANK—Looking for an experienced paralegal? Enhance service and increase profits by utilizing paralegals. Post your paralegal opportunities in the Paralegal Association of Northwest Ohio (PANO) Job Bank—FOR FREE. Place your ad today by contacting Amy Williams at PANO at [email protected].

Office Sharing412 14th at Adams —NOW WITH VIEW OF COURTHOUSE!—1000 feet to courts; free park-ing for attorneys and clients. Private offices for lease in restored 1927 two-story brick building with shared reception, conference, kitchen, restrooms w/shower. Shared secretarial, copier/fax/etc available. J.P. Smith 419-244-0991.

OFFICE SHARING—Two offices in well-established office-sharing arrangement in the same block as Family Court. Rear and adjacent parking. All services available. Call Tom Stebbins or Colleen Dooley, 419-936-5120; or Al Mollenkamp, 419-244-7500.

SYLVANIA TOWNSHIP—Central Avenue – Country setting 5 minutes from expressway. High growth area. Great exposure. Common reception area, bathrooms, conference room & kitchen. Furnished or unfurnished, fax, copier, telephones, & 2nd Perrysburg location negotiable. Referrals. Call Jeff at 419-829-5297.

Office Space AvailableOFFICE SPACE AVAILABLE—400 square foot office space available in exciting Hensville across from the Toledo Mud Hens’ 5th 3rd Field! Perfect office for a solo practitioner! Call Dan at 419-241-5175 for details.

DOWNTOWN OFFICE SPACE—for rent near courthouse. Includes parking, answering service and copier. 419-241-8811

SYLVANIA TOWNSHIP—Central Avenue—Country setting 5 minutes from expressway. High growth area. Great exposure. Common reception area, bathrooms, conference room & kitchen. Furnished or unfurnished, fax, copier, telephones, & 2nd Perrysburg location negotiable. Referrals. Call Jeff at 419-829-5297.

OFFICE SPACE FOR LEASE—1900 Monroe Street. Utilities, conference room and parking in-cluded. $300.00. Call Jerry Hoffer, 419-241-5665.

Offered for the benefit of members of the Toledo Bar Association. Limited to “Position Available/Wanted,” “Office Space Available/Wanted,” “Office Sharing” and “Miscellaneous.” 25 words/$20.00. Contact Jenna Grubb, 419-244-1044 or [email protected].

The Classifieds

MiscellaneousSEARCHING FOR WILL—The family of Edward Carr is searching for a will. Please contact Latoya Kenney at 419-699-8304.

FREE & CONFIDENTIAL COUNSELING FOR TBA MEMBERS—Member Assistance Program Call Symmetry at 419-475-5338 or 800-422-5338.

HELP WANTED—To answer phones for Ask the Attorney, Wednesdays 5:15–7:30 pm at WTOL. No experience needed. Call Diana, 419-242-4763.

Page 15: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

TBA news

January 2016 – 15

TBA Member Milestones

Thank you for supporting the professional services of the Toledo Bar Association.

Congratulations to the following members on 30 Years of Toledo Bar Association membership!

Al Albright, Jr.Brian J. BallengerCharles E. BloomDaniel J. BoldtJack J. BradyMichael W. BraggKevin P. BuckleyEugene F. CanestraroSpiros P. CocovesMichael P. Dansack, Jr.Kevin M. Ferguson

Thomas A. GibsonDavid L. GrayC. Drew GriffithTeresa L. GrigsbyRex H. HuffmanJames H. IrmenLynn Balshone

JacobsLinda A. JonesDennis M. Keil

Jon B. LiebenthalKenneth J. MauerBennet M. MillerJames F. PorcelloDouglas R. PriceSteven D. ReinboltJohn M. RocaMary E. SmithMark R. TantariPatricia A. Wise

Change of ScenePlease report changes of address and phone number to Jenna Grubb at [email protected]: The Toledo Bar Association does NOT sell or distribute members’ email addresses to any person or organization.

Welcome, New TBA Members

Gold Pages—3

Court Reporters .................................................... TBA Gold Pages Advertising

Checkmating your opponent takes a winning strategy. So when it comes to depositions, start with a court reporting firm that provides the right strategic options:

4 Conference Rooms In-house Videoconferencing Realtime•InternetStreaming In-houseVideobyCLVS Transcripts & Exhibits linked to CD/DVDRealLegal/LiveNote/Summation/Sanction SubpoenaService

Remember, every move counts. We’re ready to be part of your winning team – call us when you need us, day or “knight.”

2014_gold_pages 1-16.indd 3 11/10/2014 11:30:18 AM

Correction for the 2015–2016 Legal Directory

Please update the address for Collins Reporting & Video

Matthew BlackThe Trust Company of Toledo1630 Timberwolf Drive Holland, OH [email protected]

Martin J. Holmes, Sr.Law Offices of Martin J. Holmes, Sr.210 West Wayne Street, Ste 8 Maumee, OH [email protected]

Joshua M. HughesLucas County Democratic Party1817 Madison Ave. Toledo, OH [email protected] Directory

Dennis F. KellerAttorney and Counselor at Law4149 N. Holland-Sylvania, Suite #4 Toledo, OH [email protected]

Wendy C. JohnsonWard, Anderson, Porritt & Bryant, PLC5749 Park Center CourtToledo, OH 43615-1479419-841-7211Fax: [email protected]

Barbara E. MachinBrenda A. Ray Law Offices, Ltd.6591 W. Central Ave., Ste 204 Toledo, OH [email protected]

James J. Petlow3183 South Byrne Rd.Toledo, OH 43614-5327419-244-8396Fax: 419-244-7800

Robert L. Solt, IVHeban, Sommer & Murphree, LLC200 Dixie Highway Rossford, OH 43460(419) [email protected]

Emilie VassarDickinson Wright PLLC150 E. Gay St., FL 24 Columbus, OH [email protected]

Kenneth C. WalzAssistant ProsecutorSandusky County Prosecutor’s Office100 N. Park Ave., Ste 319Fremont, Ohio 43420Office: (419) 334-6222Fax: (419) 334-6232Email: [email protected]

Eric N. ZeigerEric Zeiger, Attorney at Law3450 W. Central Ave., Ste. 366AToledo, OH 43606-1417419-467-4288 Fax: 419-463-9033

Steven M. BlackLaw Office of Steven Black412 14th St. Toledo, OH [email protected]

Sarah A. [email protected]

Michael S. ClawsonMichael S. Clawson PLLC41000 Woodward Ave Ste 395EBloomfield Hills, MI [email protected]

Ryan W. DolanLaw Office of Norman A. Abood203 Fort Industry Square 152 N. Summit Toledo, OH [email protected]

Brittany M. FauseyAnspach Meeks Ellenberger LLP300 Madison Ave., Ste. 1600 Toledo, OH [email protected]

Marshall A. [email protected]

Melissa M. VanGesselEastman & Smith Ltd.P.O. Box 10032 Toledo, OH [email protected]

Corrections for the 2015–2016 Legal DirectoryFollowing are updates for information printed in the new directory:

Page 16: TBA news - Toledo BarTBA news January 2016 – 5 Meet the Board of Directors Robert C. Tucker Director 405 Madison Ave. • Ste. 1500 • Toledo • OH 43604 • (419) 490-2248 •

All meetings are held at 12:00 nOOn at the Toledo Bar Association unless otherwise noted.

TBA Closed – New Years Day.................................................................1/1/16Federal Court Committee ........................................................................1/5/16CLE Committee ........................................................................................1/6/16Grievance Committee..............................................................................1/6/16LRSE Committee......................................................................................1/6/16Workers Compensation Committee ........................................................1/7/16Juvenile Court Committee ......................................................................1/7/16Domestic Relations Committee ..............................................................1/8/16Intellectual Property Committee ...........................................................1/11/16TBA Foundation Board of Trustees ................4:00 p.m. .........................1/11/16Diversity Committee..............................................................................1/12/16PANO Committee ..................................................................................1/12/16Bankruptcy Court Committee ................................................................1/13/16Probate Court/Elder Law Committee ....................................................1/13/16Court of Appeals Committee..........................Court of Appeals ...........1/13/16Executive Committee ............................................................................1/14/16Public Law Committee ..........................................................................1/14/16TBA Closed – Martin Luther King, Jr. Day ............................................1/18/16Common Pleas Court Committee ..........................................................1/19/16Labor & Employment Law Committee ..................................................1/20/16Real Estate Committee .........................................................................1/20/16Board of Directors .................................................................................1/21/16Young Lawyers Committee ...................................................................1/21/16Mock Trial Judges Training ...................................................................1/21/16PANO Luncheon ....................................................................................1/25/16Social Security Disability Law Committee ...........................................1/25/16Lawyers & Doctors Committee .............................................................1/26/16Municipal Court Committee ..................................................................1/27/16Membership Committee .......................................................................1/27/16Professionalism Committee ..................................................................1/28/16Ohio High School Mock Trial Competition .....12:00 p.m. .......................1/29/16 held at Toledo Municipal Court

Check the TBA website at www.toledobar.org for a complete list of committee meetings. Committee reminders will be sent by email.

www.toledobar.org

Toledo Bar Association311 N. Superior St.Toledo OH 43604-1421419.242.9363 www.toledobar.org

PERIODICALS

POSTAGEPAID

ATTOLEDO, OHIOUSPS 757-430

TBA Calendar The Toledo Bar Association ISSN0493-4571•NewsletterVolume63

Published monthly, September through June for $42.25 of the yearly membership dues by the Toledo Bar Association, 311 N. Superior, Toledo, Ohio 43604.

POSTMASTER: Send address changes to: TOLEDO BAR ASSOCIATION, 311 N. Superior, Toledo, Ohio 43604

Michelle L. Kranz ................................................PresidentSarah Corpening .................................Executive DirectorTammy G. Lavalette ...................................................EditorKevin C. Mulder .............................................Assist. EditorJessica L. Weinberg.....................................Assist. EditorJenna G. Grubb .......................................... Layout/Design

Toledo Bar Association members are encouraged to submit articles to the newsletter committee for possible publication in the TBA News. The Toledo Bar Association reserves the right to reject or edit any submission for publication. Articles submitted should not exceed 700 words.

Toledo Bar Association members are advised that attendees at TBA events may be photographed or video recorded, and such recorded images may be published in the TBA Newsletter, posted on the TBA website, Facebook page or other media.

TBA 2016 Legal Directories on sale now

New legal directories were mailed to all TBA members in late November

Additional directories are available for pick up at the TBA front desk

311 N. Superior$30 (member price) includes tax

$50 (non-member price) includes tax

For questions or order forms, contact Jenna at 419.244.1044 or [email protected]