Three Years of Changes to the Rules of Civil Procedure

by John H. Phillips

This presentation covers changes made from 2015 through 2017 to the Ohio Rules of Civil Procedure, which closely follow the Federal Rules of Civil Procedure. Changes discussed include service of process, compulsory joinder, Objections during Depositions, Prohibiting Service of Discovery with a Complaint, Stay of Proceedings to enforce a Judgment, Sanctions, Civil Protection Orders, Consolidation/Separate Trials, and Taking Testimony Electronically, as examples of rules that were changed.

Eminent Domain

by Timothy M. Burke

When property is taken or appropriated for public use, the government is required by law to pay the owner just compensation. Just compensation under the law is usually defined as the “fair market value” of the property taken. But what if it’s not fair? What if the government wants my property to give to a developer for a shopping mall? This CLE looks at the elements of eminent domain, public taking, and the valuation that is done for property subject to eminent domain proceedings.

Managing the Difficult Client

by J. William Dunning

• Take on the right clients. The best way to deal with truly difficult clients is by not taking them on in the first place. ...
• Communicate value. ...
• Manage clients' expectations. ...
• Know your boundaries and set limits. ...
• Provide excellent service. ...
• Bill appropriately. ...
• Obtain client feedback.

Tort Liability and Trademarks

by Kenneth B. Germain and Sean K. Owens

Liability of trademark licensors for the torts of their licensees has been of topic of considerable discussion and case law for over 35 years. The topic deserves to be revisited today because the development of the so-called ‘‘sharing economy,’’ including ‘‘ridesharing’’ services such as Uber (and Lyft, Sidecar, etc.) and lodging booking services such as Airbnb, warrant consideration of whether and to what extent product liability concepts per se should be carried over into what can be dubbed ‘‘service liability.’’

Trial Mistakes from Judge's Perspective

by Judge Steven E. Martin

Law schools teach you practice skills, but not always practical skills in the courtroom. This program is taught by Hamilton County, Ohio Judge Steven Martin, who discusses the 10 most important things that lawyers should know when going into court. This course covers trial preparation, civility, working with the court on motions, jury instructions, presenting your case, and perhaps most importantly, being yourself in the courtroom.

Understanding Medicaid

by Ashley Shannon Burke

Medicaid is a federal/state program based on financial and medical need. The Medicaid program will pay for most medically-necessary services for individuals who qualify. Medicaid pays for 70% of all nursing home care and serves approximately 48,000 individuals in home and community based waiver programs.

The Ohio Department of Medicaid operates the Medicaid program in Ohio. The County Departments of Job and Family Services process Medicaid applications and make initial eligibility decisions. There are many different categories of individuals who can be eligible for Medicaid. This presentation only addresses the category of individuals who need Medicaid to pay for nursing facility level of care services.

Professionalism 2016

by John H. Phillips

1. To provide opportunities for lawyers and judges to consider in a sustained and serious way issues that affect competence, integrity, service and justice in the contemporary practice of law;
2. To bring lawyers and judges together for discussions of these shared values of the legal profession;
3. To promote the understanding of and commitment to “A Lawyers Creed” and “A Lawyers Aspirational Ideals”; and
4. To promote the understanding of and commitment to “A Judicial Creed.”

Elder Law and Changes to Medicaid

by Gregory S. French

1. Major changes beginning August 1.
1. Elimination of spend-down and necessity for qualified income trust
2. Qualified income trust administrative costs reducing monthly patient liability
3. Countability of retirement accounts of spouse of Medicaid applicant
2. Other major changes occurring earlier in 2016
1. Elimination of the reverse half-a-loaf strategy of transferring assets
2. Countability of the applicant’s home in a revocable trust
3. Purchasing a community spouse annuity to achieve Medicaid eligibility
4. Utilizing a promissory note to achieve eligibility

IOLTA and Managing Client Funds

by John H. Phillips

• Do I need an IOLTA account?
• Is my IOLTA account in a bank doing business in the state where I practice?
• Does my bank comply with the IOLTA account rules?
• Is my IOLTA account titled correctly with the Bank?
• What Tax ID Number should my IOLTA account have with the bank?
• Did you register your IOLTA account?
• What money goes into the IOLTA Account?
• Should my client have a separate account?
• Where do I deposit flat fee payments?
• Am I maintaining the appropriate records?
• Have you reconciled your IOLTA account for the month?
• What records should I keep?
• How long must I keep records for the IOLTA account?
• How much of my own money may I keep in the IOLTA account?
• I want to accept credit cards for retainers. Who pays the credit card charges?
• My client is missing. What do I do with the IOLTA money I am holding?
• Am I doing anything with the IOLTA account to get myself in trouble?

Workers' Compensation Law 101

by Michael L. Weber

This course covers the Administrative Hearings process before the Ohio Department of Motor Vehicles. Topics covered in this course include the different types of hearings that you may encounter, including security suspensions, noncompliance suspensions, suspensions for failure to have insurance (FRA), and others. The course covers what to do in the prehearing phase of the investigation, and what to expect at the hearing including the scope, burden of proof, deadlines and types of evidence. Typical issues that a practitioner can expect in this area of the law include non-compliance suspensions, security suspensions, Commercial Driver’s License suspension, National Driver Registry Suspensions, and Medical Suspensions.

Ethics 2015: Year In Review

by John H. Phillips

Changes to the Rules for the Governance of the Bar are covered, and changes to the Rules of Professional Conduct.

During 2015, the Board Of Commissioners On Grievances & Discipline of the Supreme Court of Ohio also issued guidance opinions that will be covered. Each of these Opinions is covered in this CLE.

Significant Disciplinary cases for 2015 are covered, including the Rules of Professional Conduct that were violated, and how to avoid repeating the same mistakes made by attorneys in the fact patterns covered during the CLE.

A Judge's View from the Bench

by Judge Steven E. Martin and Judge Tom Heekin

1. Pre-Trial - the 14 things a judge believes you should know and abide by prior to trial
2. Trial - the 13 things a judge believes will make your case
3. In General - 15 things to remember that will make you a better lawyer
4. Criminal Cases - 3 specific things to follow in addition to all of the above
5. Computers, technology, and its use in the Courtroom.
6. In camera inspections - How it works and what to expect.
7. Keep your case as simple as possible. 
8. Voir Dire:  learn what your judge does and does not permit. 
9. No talking objections.
10. Take adverse rulings with grace.  The jurors have enormous faith in the judge.
11. Motions for Summary Judgment – Rule 56
12. Wisdom from above

Estate Planning Update 2016

by Lewis G. Gatch

Attorney Lewis Gatch discusses often overlooked assets which trigger probate. He also explains why in many cases a 706 tax return should be filed even though the decedent's estate is less than the exclusion. We learn how the ubiquitous AB Trusts are obsolete, with preference to a joint trust for spouses that contains a general testamentary power of appointment over the assets in the trust. Recent case law and IRA distributions are also covered.

ERISA 2015 Update

by Robert Armand Perez, Sr

ERISA is the Employee Retirement Income Security Act of 1974. ERISA is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans. This CLE covers recent litigation and developments in the area of ERISA, and how lawyers can represent clients whose ERISA benefits are not being handled correctly by employers.

Understanding the ABLE account

by Blaine Brockman

Ohio was the first state in the nation to offer an ABLE Account program, known in Ohio as STABLE Accounts.  The legal community, especially those in the Probate system, Elder law, and Special Needs Trusts, has shown tremendous interest in these accounts because people with disabilities have gained a new and easy way to save money that will not affect their public means-tested benefits such as Medicaid, SSI, and SSDI. 

Ethics 2016: Year in Review

by John H. Phillips

Changes to the Rules for the Governance of the Bar are covered, and changes to the Rules of Professional Conduct.

During 2016, the Board Of Commissioners On Grievances & Discipline of the Supreme Court of Ohio also issued guidance opinions that will be covered. Each of these Opinions is covered in this CLE.

Guidance Opinions from the Ohio Attorney General are also covered, the new guidance opinion on the retention of files, and the guidance opinions from the American Bar Association are also covered.

Significant Disciplinary cases for 2016 are covered, including the Rules of Professional Conduct that were violated, and how to avoid repeating the same mistakes made by attorneys in the fact patterns covered during the CLE.

Nuts and Bolts of Title Insurance

by Roccina S. Niehaus

This CLE will cover the following areas of the law related to Title Insurance and Real Estate Transactions

• Title insurance commitment
• Owners title insurance
• Lender’s title insurance
• CPL/Survey matters
• Questions and Answers

Significant Cases from Ohio's First District Court of Appeals

by Judge Lee H. Hildebrandt, Jr.

This CLE is presented by the Hon. Lee Hildebrandt, Jr., Judge on the Ohio First District Court of Appeals, covering Hamilton County and the entire Cincinnati area. The CLE covers significant case in civil litigation, criminal law, criminal procedure, juvenile court, domestic relations court, and original actions brought in the Court of Appeals.

Specific cases are discussed from the viewpoint of the Court and the impact that those decisions will have on the law of Ohio.

Administrative Law: The Nuts and Bolts

by Glenda A. Smith

This course covers the Administrative Hearings process before the Ohio Department of Motor Vehicles. Topics covered in this course include the different types of hearings that you may encounter, including security suspensions, noncompliance suspensions, suspensions for failure to have insurance (FRA), and others. The course covers what to do in the prehearing phase of the investigation, and what to expect at the hearing including the scope, burden of proof, deadlines and types of evidence. Typical issues that a practitioner can expect in this area of the law include non-compliance suspensions, security suspensions, Commercial Driver’s License suspension, National Driver Registry Suspensions, and Medical Suspensions.

Estate Planning Update 2017

by Lewis G. Gatch

Attorney Lewis Gatch discusses often overlooked assets which trigger probate. He also explains why in many cases a 706 tax return should be filed even though the decedent's estate is less than the exclusion. We learn how the ubiquitous AB Trusts are obsolete, with preference to a joint trust for spouses that contains a general testamentary power of appointment over the assets in the trust. Recent case law and IRA distributions are also covered.

Bail Reform for the Criminal Court

by Wendy R. Calaway

1. Historical Overview of Pre-Trial Detention
2. Ohio’s Bail System
3. Constitutional Issues with Monetary Pre-Trial Detention
4. The Bail Reform Movement
5. Moving Forward – Litigation and Alternatives
6. The Future of Pre-Trial Detention

Estate Planning Update 2015

by Lewis G. Gatch

Attorney Lewis Gatch discusses often overlooked assets which trigger probate. He also explains why in many cases a 706 tax return should be filed even though the decedent's estate is less than the exclusion. We learn how the ubiquitous AB Trusts are obsolete, with preference to a joint trust for spouses that contains a general testamentary power of appointment over the assets in the trust. Recent case law and IRA distributions are also covered.

Vocational Experts

by Kenneth J. Manges

Vocational experts offer testimony about the amount of money a divorcing spouse or injured person can earn given their age, education, training and market conditions; whether the divorcing spouse or injured party can ever be realistically employed, whether the job search is substantial and defensible, how long it will take to get a job, and how long the formerly unemployed/disabled can be expected to be in the workforce are all issues you need to be prepared to question and to answer.

Knowing what to ask your expert and how to examine opposing counsel's vocational expert can mean the difference between a mediocre and a great cross examination. This presentation will provide you with the information you need to know about achieving your client's best outcome.

Whistleblowers and Federal False Claims Act

by James A. Tate and Erin M. Campbell

1. Description of the False Claims Act
2. Types of False Claims Act Cases  
3. What is not a False Claims Act Case
4. Pitfalls
5. Retaliation Protection
6. Other Qui Tam and Whistleblower reward statutes

Employers and the Election

by Robert Shank

• What will the new Supreme Court look like?
• Pending Supreme Court Cases likely to be heard.
• Likely shifts in labor law policy
• Likely shifts in the Equal Employment Opportunity Law
• What can we expect from OSHA?
• Will the wage and hour law change?
• What about benefits – more, less, or stay the same?
• Paid family and sick leave – a thing of the past?
• Immigration Law and Employers

Ethically Marketing Your Law Practice

by John H. Phillips and Michael Brown

Pay attention to the Ohio Rules of Professional Conduct related to internet marketing Before you redesign your law firm's website or start a new internet marketing campaign.

The first step is reading all of the applicable bar rules for attorney advertising. Additional information can be found in the comments to each rule and the advisory ethics opinions interpreting the rules.

Although the rules in the State of Ohio are restrictive, an attorney can stay in full compliance while still having an extremely effective internet marketing campaign. Taking an ethical approach to marketing means following the letter and spirit of each rule.

Advanced Discovery Techniques

by John H. Metz

This CLE will cover issues covered by Rule 26, including

RULE 26. General Provisions Governing Discovery

1. Policy; discovery methods.
2. Scope of discovery.
3. Protective orders.
4. Sequence and timing of discovery.
5. Supplementation of responses.

Expert Witnesses

by Alfred W. Schneble

1. Overview of the Rules of Evidence, Rules 103, 104, 702, 703, 704, & 705
2. Daubert case law discussion – specifics on needed elements to avoid exclusion and advocate the opinion
3. Use of experts – how to prepare your expert and cross examine theirs
4. Conflicts, Confidentiality & Fees concerning use of experts
5. Questions and Answers

Employment and Labor Law Update 2016

by Stephen Richey

• Marijuana
• Gay and Trans-Gender Issues
• DOL Mandates $50,000 Minimum Salary For Exempt Employees
• New Requirements for Government Contractors
• NLRB’s Quickie Elections
• Questions and Answers

Effective Legal Research

by Lauren Morrison

This CLE will focus on topics related to legal research, including:

• Best approaches and sources for different types of legal research questions – 15 minutes
• Legal research practices to avoid – 15 minutes
• Free online resources for legal research – 15 minutes
• Resources available at the law library – 15 minutes
• Questions and Answers – 5 minutes

Ethics 2017

by John H. Phillips

Changes to the Rules for the Governance of the Bar are covered, and changes to the Rules of Professional Conduct, including four Opinions from American Bar Association Opinions as it relates to lawyers, government lawyers, and Judges.

During 2017, the Board Of Commissioners On Grievances & Discipline of the Supreme Court of Ohio also issued four guidance opinions that will be covered. Each of these Opinions is covered in this CLE.

Significant Disciplinary cases for 2017 are covered, including the Rules of Professional Conduct that were violated, and how to avoid repeating the same mistakes made by attorneys in the fact patterns covered during the CLE.

Title IX and School Disciplinary Hearings

by Joshua Adam Engel

This presentation occurs amidst a growing national controversy stemming from the Federal Department of Education, Office of Civil Rights’ (“OCR”) threats to withhold federal education funds to compel colleges and universities to address “sexual violence” on their campuses.   At the urging of OCR and other high-ranking officials in the Obama Administration colleges and universities are relying on Title IX to crackdown on alleged perpetrators.  The result is that schools treat students accused of sexual misconduct with a presumption of guilt.  This CLE explores ways to fight that presumption, and win.

Lanham Act

by Anthony B. Holman

Anthony Holman will discuss the past and present status of liability under the Lanham Act, 15 U.S.C. § 1051, et seq.  The format examines federal cases dealing with both tangible and intangible uses of trademarks from local and other jurisdictions, and further discusses possible ways in which such liability arises.

Immigration Law

by Yanky Perelmuter

Areas covered in this introductory level Immigration presentation are:

• Immigration Authority
• Immigration Agencies
• Family Based Immigration
• Employment Immigration
• Immigration and the Criminal Client

Legal Malpractice

by Alfred W. Schneble

Lawyers cringe when they hear the words legal malpractice, which is why every lawyer should work to prevent it from happening. This CLE looks at the practical and legal issues of a legal malpractice claim. Legal malpractice, like most negligence claims, involves duty, breach of duty, causation, and damages. This seminar covers the issues, and also discusses the practical side of bringing and defending against a legal malpractice case.

Noncompete and Severance Agreements

by Elizabeth Tuck Loring

This CLE covers the following areas of the law related to Severance Agreements and Non-compete Agreements

New Era in Real Estate Closings

by Roccina S. Niehaus

This course covers the new Real Estate Closing Forms and Procedures that came into effect as a result of the Dodd Frank Act and the Consumer Financial Protection Bureau established by Congress. The course covers the following:

1. History of Dodd-Frank/implementation/delay
2. New Terminology
3. Issues regarding closing process
4. Applicable loans/enforcement powers
5. Delivery requirements
6. Concepts of consummation and closing
7. The New forms
8. The Closing Table