bar journal nov 2020 cover...wayne e. graham, jr. passed away april 23, 2020 at the age of 62 years...

Cover Photo: Joseph Martuccio, Esq.SCBA Past President

Although we are unable to hold our Annual Service due to COVID-19, please join us in remembering our colleagues

and friends who have passed away during this year.

DARLENE E. ODARROBERT M. LOMBARDI

JEROME H. HOSSLERRAYMOND E. GRIFFITHSWILLIAM C. “BILL” JAECKFRED W. “WILL” DAHLERWAYNE E. GRAHAM, JR.

CHAREE FRANCIS VOGELSANGWILLIAM B. “BILL” SHETLER

MICHAEL J. GRADY

In Memoriam…ASSOCIATION

STARK COUNTY BAR

VOLUME 26 NUMBER 11 NOVEMBER, 2020B A R J O U R N A LB A R J O U R N A LS T A R K C O U N T Y

Nov. 3, 2020 2019 Estate Planning and Elder Law Symposium Video Replay SCBA Conference Room See Pg. 7

Nov. 5, 13, & 18 2019 Professional Conduct Seminar Video Replay SCBA Conference Room See Pg. 6

Nov. 18, 2020 Virtual Lunch with a Judge Live Interactive Webinar See Pg. 8

Nov. 20, 2020 Notary Public Education for Attorneys Seminar Video Replay SCBA Conference Room See Pg. 9

Dec. 10, 2020 Virtual Lunch with a Judge Live Interactive Webinar See Pg. 8

Dec. 2020 Multi-Topic Video Replay Seminars SCBA Conference Room See Pgs. 10 & 11

SCBA November, 2020Office Schedule

FOUNDED IN 1900

THE BAR JOURNALOfficial Publication of the Stark County Bar Association

Suite 400, Courtyard Centre116 Cleveland Ave., N.W. • Canton, Ohio 44702

Ivan L. Redinger, Jr., Bar PresidentTina McCort, Executive Director & EditorPaulie Wagner, Referral Secretary & Editor

BAR OFFICE PHONE 330-453-0685 • E-MAIL ADDRESSBAR OFFICE FAX 330-453-0180 • [email protected]

www.StarkCtyBar.com

The Bar Journal is published monthly for all bar members. Free to members, $20.00 per year to others.

All communications and editorial material should bedirected to the Bar Association office by the fifteenth day of the month preceding publication.

Opinions and positions expressed in the signed material are those of the author and may not necessarily reflect those of the Stark County Bar Association, its officers, staff or board of editors.

2020 CLE Seminars

Reminder: M - Z! Complete your CLE by Dec. 31, 2020**

Elder Law Committee MeetingTuesday, November 10, 2020 – 12:00 noon

Live Interactive WebinarLaurie Steiner, Esq. will present “Current Topics &

Issues in Medicare.”

Nov. 4th 12:00 noon Family Law Committee Meeting Live Interactive Webinar

Nov. 5th 12:00 noon Community Involvement Committee Meeting

Nov. 9th 4:00 p.m. Disputed Fee Committee Meeting

Nov. 10th 12:00 noon Elder Law Committee Meeting Live Interactive Webinar

Nov. 11th Office Closed in Observance of Veteran’s Day

Nov. 12th 12:00 noon Legal Aid/Pro Bono Committee Meeting

Nov. 17th 3:45 p.m. Grievance Committee Meeting

Nov. 18th 4:00 p.m. Executive Committee Meeting

Nov. 26th & 27th Office Closed in Observance of Thanksgiving Day

NOTARY EDUCATION CLASS & TESTINGClasses and Testing offered every 2nd & 4th Tuesday

Stark County Bar Association Office*By Appointment Only*

1 Hour Renewal Education Class • 9:00 AM – 10:00 AM

3 Hour New Notary Public Education Class12:00 Noon – 3:00 PM

TESTING 3:00 PM – 4:00 PM

Online classes and testing available at our website: www.StarkCtyBar.com

**Self-study caps for judges and attorneys with the last names beginning with M-Z have been waived for the 2019-2020 compliance period ending December 31, 2020. You may complete all CLE requirements through approved self-study courses, including live interactive webinars.

THE STARK COUNTY BAR JOURNAL NOVEMBER, 2020 PAGE 1

From Our President A Desire To Return To Normalcy In Times That Remain Anything But Normal

Another day, another alteration to our normal practices. There will be no Memorial Service in 2020. We will lose the opportunity to join together to celebrate the legacy of our late colleagues, and to mourn their passing. Please take a moment to reflect in your own way on our collective loss.

The pandemic rages on with the number

of new cases reported on October 23, reaching almost 84,000, eclipsing the prior largest single day total by more than 6,000. Locally, another nursing home shared news of many infected residents and staff. Our committees continue to wrestle with fulfilling their objectives without subjecting members to undue risks. That means more Zoom meetings, and more tentative plans subject to the potential of the availability of an effective vaccine. The discussion at the Law Day Committee meeting was an example of the enthusiasm of not only trying to plan a strong community-wide celebration, but also somehow making up for the loss of the full 2020 event. Yet all that exuberance was tamped down by the practical recognition that too much detailed planning and effort at this time was an exercise in putting the cart before the horse.

A past president from some years back said the function of the SCBA President is “essentially a gadfly” over the committees. While I generally thought that I knew what that word meant, I double-checked the definition and learned it was more heavy-handed than I thought. A gadfly is a person who’s always hanging around and annoying people with criticism, demands, and questions. With all due respect to that president and his committees, either he was not lucky enough to work with committees on par with what we currently have, or perhaps he was just a bit misguided. I have tried to participate in as many committee meetings as possible and have yet to feel the need to criticize or demand, but I have certainly asked more than a few questions from a bevy of members far more knowledgeable about the specific subject matter than I. A quick general “thank you” to all who have patiently answered those questions. A special thank you

to Angela Vagotis and her Social Committee for finding a way to stage a family event, the success of which can be seen elsewhere in this edition measured by the smiling faces of its participants.

I count myself as fortunate for having crossed paths with this SCBA member for a long time, stretching back to our days as undergrads, so I was very happy to see that the Hon. Sara Lioi was named as the 2020 William K. Thomas Distinguished Jurist Award Recipient by the Moritz College of Law Alumni Society (OSU). It is awarded to a current or former judge who has graduated from the college and whose personal integrity and commitment to fairness, freedom, and equality exemplify the highest ideals of the judicial systems. Her many qualities, including her intellect and her generosity, show themselves in all that she does.

Stark County voting statistics through Oct. 22. # of registered county voters - 253,034. # of absentee ballots requested - 69,743. # of absentee ballots returned - 28,530. # of ballots cast in person - 17,345.

I voted in person but was unable to decide what was the most impressive piece of this magnificent display of democracy. Voters were efficiently moved along at a timely pace, while all maintained the best safety practices to reduce the risks of COVID-19 spread. The candidates for this accolade were the incredible non-partisan planning by the BOE officials, the cooperation of the voters, and the committed focus of the poll workers on their assigned tasks. Before I left, I had a chance to speak with those responsible for accepting the SCBA volunteers, and while they were unable at the time to give me an exact list or headcount of our participating members, they did show me a stack of cards submitted by those ready to step up on Election day. Thanks to those of you who are able to answer that call. Your names will be displayed in the December Journal, along with the winner of the SCAJ sponsored charity drawing.

Please remember the convenience afforded our members through the CLE webinars, video replays, and on-demand classes through our website. In addition to helping you learn, you help fund our organization: a clear win-win.

For those trying to follow the orienteering course being offered one Control at a time, please note that this month’s map and explanation are on the back page in color. Color adds to the detail of the map and the information available to help make the best route selection. Several actual events remain on the Club calendar, listed at www.neooc.com.

Ivan L. Redinger, Jr.President, Stark County Bar Association

THE STARK COUNTY BAR JOURNAL NOVEMBER, 2020

DARLENE E. ODAR passed away September 23, 2019 at the age of 78 years old following a 17 year course with Alzheimer’s. She graduated from the University of Akron and passed the Bar in 1980 and practiced law in Canton for 20 years. She was a Registered Nurse, having worked in Allentown, PA, and the former Timken Mercy Hospital. She was elected the first female Nimishillen Township trustee in 1976 and served two terms.

ROBERT M. LOMBARDI passed away November 10, 2019 at the age of 88 years old. He graduated from Ohio State University and passed the Bar in 1955. He was a longtime local attorney, former Assistant Canton Solicitor and a former State of Ohio Liquor Commission member.

JEROME H. HOSSLER passed away December 26, 2019 at the age of 94 years old. He graduated from Case Western Reserve University in Cleveland and passed the Bar in 1949, practicing for 68 years specializing in Probate and Real Estate Law.

RAYMOND E. GRIFFITHS passed away January 11, 2020 at the age of 87 years old. He graduated from Case Western Reserve University School of Law and passed the Bar in 1957, joining Attorney Samuel Krugliak in Canton. He practiced Business and Labor Law for more than 50 years until his retirement in 2010.

WILLIAM C. “BILL” JAECK passed away February 3, 2020 at the age of 90 years old. He graduated from American University and passed the Bar in 1962. After retiring from the Marine Corps he served as an Assistant Prosecuting Attorney of Stark County, then practiced in Navarre before retiring in 1992.

remembering our colleagues and friends who have passed away during this year.

In Memoriam…


FRED W. “WILL” DAHLER passed away March 20, 2020 at the age of 56 years old. He graduated from the University of Akron School of Law and passed the Bar in 1992. He honorably served in the USMC Reserve earning rank of Sergeant and spent his entire career working in public service for Stark County and the State of Ohio.

WAYNE E. GRAHAM, JR. passed away April 23, 2020 at the age of 62 years old. He graduated from the University of Akron School of Law and passed the Bar in 1985. He was in private practice for 35 years and recently was honored to have his son, Ty Graham, join his practice.

CHAREE FRANCIS VOGELSANG passed away May 15, 2020 at the age of 73 years old. She graduated from the University of Akron School of Law and passed the Bar in 1988. She was retired from Diebold, Inc. where she sat on the Board of Directors and held the position of Vice President and Secretary.

WILLIAM B. “BILL” SHETLER passed away June 30, 2020 at the age of 71 years old. He graduated from Cleveland Marshall College of Law and passed the Bar in 1973. He was in private practice for 47 years and had served as Clerk to the Alliance City Council, was an acting Alliance Municipal Court Judge, and taught law at Mt. Union College.

MICHAEL J. GRADY passed away July 21, 2020 at the age of 66 years old. He graduated from Capital University and passed the Bar in 1986. He retired from Babcock & Wilcox Company serving as Vice President and Chief Legal Counsel. He served as an adjunct faculty member and assistant professor for Ohio University in addition to teaching Business Law at Stark State University and Malone University.


Thank you Nickajack Farms Event Sponsors:Sam Ferruccio • Dennis Fox • Schulman Roth • Tzangas Plakas

Milligan Pusateri • Krugliak, Wilkins, Griffiths & Dougherty Co., LPAJoe and Debbie Sebolt from NickaJack Farms

The Harshey FamilyThe Harshey Family

The McCort FamilyThe McCort Family

The Serra FamilyThe Serra Family


Continuing Legal EducationLooking For Free CLE?

The Stark County Bar Association is in need of Moderators for CLE video replays at our office. We need attorneys throughout the year, especially during the month of December, who would be willing to serve in this capacity. In order to qualify as a Moderator, the Supreme Court requires that an attorney must have experience in the area of law in which they will be serving as Moderator. The Moderator will attend the video replay free of charge and receive CLE credit for the program. The Moderator must remain in the room with the attendees during the entire video.

If interested, please indicate the areas of law in which you would be willing to serve and mail the form to the Bar Office, 116 Cleveland Avenue, N.W., Suite 400, Canton, Ohio 44702 or Fax to: 330-453-0180. The completed form can also be scanned and emailed to [email protected].

NAME: ______________________________________________ PHONE: ______________________________________

Appellate Court Municipal Court Criminal Law Probate Family Law Professional Conduct (2.50 Requirement) Litigation Real Estate Other (s) ____________________________________________________________________________

SSETT THEE TABLEE forr ourr veteranss inn needd

J n withh SAMM Centerr too collectt itemss too providee Thanksgivingg feastss too

veterans,, servicee memberss andd militaryy widowss inn ourr community:: o Creamm off Mushroomm Soupp

o Stuffingg

o Mashedd Potatoess

o Cornn Muffinn Mixx

o Eggg Noodless

o Brothh

o Turkeyy Gravyy

o Cannedd Greenn Beanss

o Biscuitt Mixx orr Rollss

o Jell-OO

o Fruitt Cocktaill

o Cranberryy Saucee

o Sweett Potatoess

o Frenchh Friedd Onionss

o Instantt Mashedd Potatoess

o Pumpkinn orr Sweett Potatoo Piess

o Aluminumm Roastingg Panss

o $100 Groceryy Storee Giftt Cardss

Thee SCBAA Militaryy Affairss andd Communityy Involvementt Committeess askk thatt thee abovee itemss orr cashh donationss bee droppedd offf att thee SCBAA Officee

(M-F-- 8:300 a.m.—4:300 p.m.)) att 1166 Clevelandd Avee NW,, Suitee 400,, Canton,, OHH 44702,, noo laterr thann Novemberr 9,, 2020.

Forr questionss orr informationn contactt [email protected] orr

330--956--6162.. Thankk youu forr yourr generosityy thiss holidayy season.

J

Why not purchase your donated items on-line and have them delivered to the SCBA Office!

Please make checks payable to SAM Center.


PLEASE NOTE: In order to comply with the recommendations and orders of the Governor and the Ohio Department of Health concerning the COVID-19 pandemic, WE ARE LIMITING THE NUMBER OF ATTENDEES IN OUR CONFERENCE ROOM TO NO MORE THAN TEN TO MAINTAIN SOCIAL DISTANCING. IN ADDITION, FOR THE SAFETY OF OUR ATTENDEES, WE WILL NOT BE SERVING COFFEE AND DOUGHNUTS AT OUR VIDEO REPLAYS.

2019 Professional Conduct SeminarVideo Replays

Stark County Bar Association Conference Room* See Dates Below *

8:30 A.M. REGISTRATION

9:00 A.M. RECENT ETHICS DEVELOPMENTS YOU NEED TO KNOW IN YOUR PRACTICE Richard S. Milligan, Esq. Milligan Pusateri Co., LPA

10:15 A.M. BREAK

10:30 A.M. “PROFESSIONALISM: WHY SHOULD YOU CARE IF YOUR CONDUCT IS ‘PROFESSIONAL’?”

Richard S. Milligan, Esq. Milligan Pusateri Co., LPA

11:45 A.M. ADJOURN

2019 Professional Conduct Seminar Video Replays Thursday, November 5, 2020 9:00 A.M. – 11:45 A.M. SCBA Conference Room Friday, November 13, 2020 9:00 A.M. – 11:45 A.M. SCBA Conference Room Wednesday, November 18, 2020 9:00 A.M. – 11:45 A.M. SCBA Conference Room

*Members: $75.00 Associate Members: $62.50 Non-Members: $137.50

Name _________________________________________ Atty. Reg. No. _____________________

Address __________________________________________________________________________

Email Address _____________________________________________________________________

*PLEASE NOTE: If you are currently a member of any local bar association, you may attend at our members’ price.

Please mail checks to: Stark County Bar Association, 116 Cleveland Avenue, N.W., Suite 400, Canton, Ohio 44702

NO REFUNDS UNLESS RESERVATION CANCELLATION IS RECEIVED 24 HOURS IN ADVANCE OF SEMINAR.

Applications have been submitted for 2.50 Professional Conduct CLE Credit Hours.

Do you prefer to receive the seminar materials via E-mail or Hard Copy on the day of the seminar? Circle one.


Stark County Bar Association

2019 Estate Planning & Elder Law SymposiumVideo Replay

Tuesday, November 3, 2020 • SCBA Conference Room

2019 Estate Planning & Elder Law Symposium Video ReplayNovember 3, 2020 • SCBA Conference Room


Name _________________________________________ Atty. Reg. No.: ____________________

Address __________________________________________________________________________*PLEASE NOTE: If you are currently a member of any local bar association, you may attend at our members’ price.

Mail checks to: Stark County Bar Association, 116 Cleveland Avenue, N.W., Suite 400, Canton, OH 44702-1728NO REFUNDS UNLESS RESERVATION CANCELLATION IS RECEIVED 24 HOURS IN ADVANCE OF SEMINAR.

Application has been submitted for 6.25 General CLE Credit Hours including .50 Professional Conduct CLE hours, and 6.25 Certified Specialization Credit Hours in Elder Law and Estate Planning, Trust and Probate Law.

PLEASE NOTE: In order to comply with the recommendations and orders of the Governor and the Ohio Department of Health concern-ing the COVID-19 pandemic, WE ARE LIMITING THE NUMBER OF ATTENDEES IN OUR CONFERENCE ROOM TO NO MORE THAN TEN TO MAINTAIN SOCIAL DISTANCING. IN ADDITION, FOR THE SAFETY OF OUR ATTENDEES, WE WILL NOT BE SERVING COFFEE AND DOUGHNUTS AT OUR VIDEO REPLAYS.

✁

8:15 A.M. REGISTRATION

8:30 A.M. LEGISLATIVE UPDATE The Honorable Timothy J. Grendell, Geauga County Probate Court

9:00 A.M. CASE LAW UPDATE The Honorable Elinore Marsh Stormer, Summit County Probate Court

9:45 A.M. BREAK

10:00 A.M. WHAT EVERY ATTORNEY SHOULD KNOW ABOUT VA LONG-TERM CARE Timothy J. Moore, Esq., Bixler & Moore, LLC

11:30 A.M. HANDLING CREDITOR CLAIMS IN THE ESTATE SETTLEMENT PROCESS Matthew R. Hochstetler, Esq., David J. Simmons & Associates, LLC

12:15 P.M. LUNCH - ON YOUR OWN

1:00 P.M. COMMON MISTAKES WITH RETIREMENT PLANS Brian C. Layman, Esq., Layman Law Group, LLC Daniel R. Griffi th, Esq., Huntington Private Bank

2:00 P.M. UPDATE ON FIDUCIARY IOLTAS AND RECENT DISCIPLINARY CASES Wayne M. Rice, Esq., Bar Counsel, Akron Bar Association

2:30 P.M. BREAK 2:45 P.M. LAND SALE PROCEEDINGS Tyler W. Kahler, Esq., Guiley & Guiley Co., L.P.A.

3:30 P.M. VIEW FROM THE BENCH The Honorable Dixie Park, Stark County Probate Court

4:00 P.M. ADJOURN


Virtual Lunch with a Judge • LIVE INTERACTIVE WEBINARS •

Wednesday, November 18, 2020 Massillon Municipal Court Judges and Magistrates Thursday, December 10, 2020 Judge Chryssa Hartnett


Name _________________________________________ Atty. Reg. No. _____________________

Address __________________________________________________________________________

E-mail Address ____________________________________________________________________Please mail your payment for these webinars to: Stark County Bar Association

116 Cleveland Avenue, N.W., Suite 400, Canton, Ohio 44702-1728

The seminar materials will be emailed to attendees prior to the webinar.



Applications have been submitted for 1.00 General CLE Credit Hour.

✁

Stark County Bar Association’sAdministration of Justice Committee presents

Virtual Lunch with a Judge• LIVE INTERACTIVE WEBINARS •

Wednesday, November 18, 2020 Judge Elum, Judge Fichter and Magistrates12:00 Noon – 1:00 P.M. The Pandemic and Massillon Municipal Court

Thursday, December 10, 2020 Judge Hartnett, Stark Co. Common Pleas Court12:00 Noon – 1:00 P.M. Competency and Sanity Motions and Procedures in Criminal Cases


Stark County Bar Association

2019 Notary Public Education for AttorneysSeminar Video Replay

Friday, November 20, 2020 • SCBA Conference Room

2019 Notary Public Education for Attorneys Seminar Video ReplayNovember 20, 2020 • SCBA Conference Room


Name _________________________________________ Atty. Reg. No.: ____________________

Address __________________________________________________________________________*PLEASE NOTE: If you are currently a member of any local bar association, you may attend at our members’ price.

Mail checks to: Stark County Bar Association, 116 Cleveland Avenue, N.W., Suite 400, Canton, OH 44702-1728NO REFUNDS UNLESS RESERVATION CANCELLATION IS RECEIVED 24 HOURS IN ADVANCE OF SEMINAR.

Application has been submitted for 3.00 General CLE Credit Hours.

PLEASE NOTE: In order to comply with the recommendations and orders of the Governor and the Ohio Department of Health concern-ing the COVID-19 pandemic, WE ARE LIMITING THE NUMBER OF ATTENDEES IN OUR CONFERENCE ROOM TO NO MORE THAN TEN TO MAINTAIN SOCIAL DISTANCING.

✁

**NOTE: This course will satisfy the 3-hour notary education required for attorneys to become a notary in Ohio AND earn 3.0 Continuing Legal Education General Credit Hours.

12:45 P.M. REGISTRATION

1:00 P.M. Terms/Requirements/Jurisdiction of a Notary Public - Aletha M. Carver, Esq. 1:15 P.M. Notarial Journal/Notary Seal/Notarial Act - Melissa S. Ulrich, Esq. 1:40 P.M. Compliant Notarial Act/Administration of an Oath or Affirmation Anthony E. Brown, Esq.

2:05 P.M. Verifying the Identity of the Principal/Taking of an Acknowledgement Ivan Redinger, Jr., Esq.

2:30 P.M. BREAK

2:45 P.M. Administration of a Jurat/Taking Depositions - Stephan P. Babik, Esq.

3:10 P.M. Signatures by Mark/Designated Alternative Signer/Prohibited Notarial Acts - Scott G. Hastings, Esq.

3:25 P.M. Electronic Notarizations - Aletha M. Carver, Esq.

3:35 P.M. Fees/Mandatory Reporting/Disciplinary Processes - Honorable Chryssa N. Hartnett

4:05 P.M. Review - Aletha M. Carver, Esq.

4:15 P.M. ADJOURN


Tuesday, December 1, 2020 – 8:30 a.m. to 11:45 a.m.2020 MUNICIPAL COURT SEMINAR VIDEO REPLAYMembers: $90.00 – Assoc. Members: $75.00 Non-Members: $165.00Application made for 3.00 CLE Credit Hours including 1.00 Professional Conduct Credit Hour.

Thursday, December 3, 2020 – 9:00 a.m. to 11:45 a.m.2019 PROFESSIONAL CONDUCT SEMINAR VIDEO REPLAY Members: $75.00 – Assoc. Members: $62.50Non-Members: $137.50Application made for 2.50 Professional Conduct CLE Credit Hours.

Wednesday, December 9, 2020 – 8:30 a.m. to 4:00 p.m.2019 ESTATE PLANNING & ELDER LAW SYMPOSIUM VIDEO REPLAYMembers: $187.50 – Assoc. Members: $156.25Non-Members: $343.75Application made for 6.25 General CLE Credit Hours including .50 Professional Conduct CLE hours AND 6.25 Hours of OSBA Estate Planning, Trust & Probate Law Certification AND OSBA Elder Law Certification.

Friday, December 11, 2020 – 8:30 a.m. to 11:45 a.m.2019 NOTARY PUBLIC EDUCATION FOR ATTORNEYS SEMINAR VIDEO REPLAYMembers: $90.00 – Assoc. Members: $75.00Non-Members: $165.00Application made for 3.00 General CLE Credit Hours.

Monday, December 14, 2020 – 1:00 p.m. to 4:15 p.m.2020 MUNICIPAL COURT SEMINAR VIDEO REPLAYMembers: $90.00 – Assoc. Members: $75.00Non-Members: $165.00Application made for 3.00 CLE Credit Hours including 1.00 Professional Conduct Credit Hour.

Wednesday, December 16, 2020 – 9:00 a.m. to 11:45 a.m.2019 PROFESSIONAL CONDUCT SEMINAR VIDEO REPLAY Members: $75.00 – Assoc. Members: $62.50Non-Members: $137.50Application made for 2.50 Professional Conduct CLE Credit Hours.

Friday, December 18, 2020 – 8:30 a.m. to 11:45 a.m.2020 CRIMINAL LAW SEMINAR VIDEO REPLAYMembers: $90.00 – Assoc. Members: $75.00Non-Members: $165.00Application made for 3.00 General CLE Credit Hours.

Stark County Bar Association Seminar Video Replays

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

29 30 1 2 3 4 5

2020 Municipal Court Seminar 8:30am – 11:45am

2019 Professional Conduct Seminar 9:00am – 11:45am

6 7 8 9 10 11 12 2019 Estate Planning & Elder Law Symposium 8:30am – 4:00pm

Virtual Lunch With Judge Hartnett LIVE INTERACTIVE WEBINAR 12:00 Noon – 1:00pm

2019 Notary Public Education for Attorneys 8:30am – 11:45am

13 14 15 16 17 18 19

2020 Municipal Court Seminar 1:00pm – 4:15pm


2020 Criminal Law Seminar 8:30am – 11:45am

20 21 22 23 24 25 26

2019 Professional Conduct Seminar 1:00pm – 3:45pm

CHRISTMAS DAY CLOSED

27 28 29 30 31 1 2 2019 Estate Planning & Elder Law Symposium 8:30am – 4:00pm


DECEMBER 2020


Video Replay Seminars - SCBA Conference RoomPlease check the program(s) you will be attending and return this form with your check, as soon as possible, to assure a seat. Seating is limited.

In order to comply with the recommendations and orders of the Governor and the Ohio Department of Health concerning the COVID-19 pandemic, WE ARE LIMITING THE NUMBER OF ATTENDEES IN OUR CONFERENCE ROOM TO NO MORE THAN TEN TO MAINTAIN SOCIAL DISTANCING. IN ADDITION, FOR THE SAFETY OF OUR ATTENDEES, WE WILL NOT BE SERVING COFFEE AND DOUGHNUTS AT OUR VIDEO REPLAYS.

2020 Municipal Court Seminar – 12/1/20 – 8:30 a.m. – 11:45 a.m. - $90 / $75 / $165

2019 Professional Conduct Seminar – 12/3/20 – 9:00 a.m. – 11:45 a.m. - $75 / $62.50 / $137.50

2019 Estate Planning & Elder Law Symposium – 12/9/20 – 8:30 a.m. – 4:00 p.m. - $187.50 / $156.25 / $343.75

2019 Notary Public Education for Attorneys Seminar – 12/11/20 – 8:30 a.m. – 11:45 a.m. - $90 / $75 / $165

2020 Municipal Court Seminar – 12/14/20 – 1:00 p.m. – 4:15 p.m. - $90 / $75 / $165


2020 Criminal Law Seminar – 12/18/20 – 8:30 a.m. – 11:45 a.m. - $90 / $75 / $165

2019 Professional Conduct Seminar – 12/23/20 – 1:00 p.m. – 3:45 p.m. - $75 / $62.50 / $137.50

2019 Estate Planning & Elder Law Symposium – 12/29/20 – 8:30 a.m. – 4:00 p.m. - $187.50 / $156.25 / $343.75


*Name ______________________________________________ Atty. Reg. No. _______________________________

Address ________________________________________________________________________________________



Please mail with your check to: Stark County Bar Association, 116 Cleveland Ave., N.W., Suite 400, Canton, OH 44702-1728

Wednesday, December 23, 2020 – 1:00 p.m. to 3:45 p.m.2019 PROFESSIONAL CONDUCT SEMINAR VIDEO REPLAY Members: $75.00 – Assoc. Members: $62.50Non-Members: $137.50Application made for 2.50 Professional Conduct CLE Credit Hours.

Tuesday, December 29, 2020 – 8:30 a.m. to 4:00 p.m.2019 ESTATE PLANNING & ELDER LAW SYMPOSIUM VIDEO REPLAYMembers: $187.50 – Assoc. Members: $156.25Non-Members: $343.75Application made for 6.25 General CLE Credit Hours including .50 Professional Conduct CLE hours, AND6.25 Hours of OSBA Estate Planning, Trust & Probate Law Certification AND OSBA Elder Law Certification.

Thursday, December 31, 2020 – 9:00 a.m. to 11:45 a.m.2019 PROFESSIONAL CONDUCT SEMINAR VIDEO REPLAY Members: $75.00 – Assoc. Members: $62.50Non-Members: $137.50Application made for 2.50 Professional Conduct CLE Credit Hours.

CLE Update Take advantage of the Stark County Bar Association’s SELF-STUDY courses through our website: www.starkctybar.com.


New Member Spotlight • Don’t Forget to Welcome...

Richard F. Protiva, Esquire

Richard F. Protiva, EsquireUniversity of Notre Dame, 2010Case Western Reserve University, 2013Admitted to Bar in 2016Associated with Gruber, Thomas & Co.

Why did you join the Stark County Bar Association? When I got the job with Gruber, Thomas & Co. working in Stark County, I thought it was important to be a part of the Bar Association.

What practice areas interest you the most? Real Estate Law, Wills & Probate, Business Structure and Business Law, and Oil and Gas Law.

Who are some of your heroes in the legal profession? I admire the people I work for. It is a pleasure to learn from them and to see the way in which they look at legal questions.

What has been your most rewarding or memorable experience while practicing law? So far, my most memorable experience was the first time I played a significant part in a winning summary judgment motion. My boss and I had done six briefs in this cycle. While we strongly believed in our position, opposing counsel made strong arguments for his as well. Given that, it was rewarding to see the opinion come out decisively in our favor, especially since this was the first briefing cycle I had played a significant part in.

What groups or activities are you involved in outside of work? Just this year, my wife and I had our first child, so most of my time has been spent keeping up with him. I also enjoy taking part in local networking groups and hope to be able to return to church once COVID-19 rolls over.

Are you a Stark County native? No. I grew up in Poland, Ohio near Youngstown.

What brought you to Stark County? Prior to our marriage, my wife was living in Lakewood and working in Cleveland, and I was living and working in Austintown, OH. As such, we wanted to find someplace to settle down convenient to both. Stark County was on our radar as a nice area to live in, so I applied for the job at Gruber, Thomas & Co., and it immediately clicked for me.

What is your favorite place to spend an evening in Stark County? I live in Magnolia, a small town on the border with Tuscarawas County. Just north of the county line, there’s

a small park called Fry Family Park. It only has about six miles of trails, but it is absolutely lovely, looking out over rolling hills and farmland. The last day before we went to the hospital to have our son, my wife and I took our last walk there as a family of two. As such, it will always be a special place for me.

If the Stark County Bar Association gave you a blank check to plan a Bar outing, what would it be? I would take the Bar Association to a trampoline park.

If you could represent any client today, who would it be and why? Honestly, just someone who needs me and whose problem is something that I could help with.

If you could clerk for any Supreme Court Justice in history, who would it be? Justice Clarence Thomas. He is very intelligent and seems very underrated. Plus, he doesn’t write a lot of opinions, so it would be interesting, as a clerk, to get a chance to see what goes on inside his head.


Darrell N. Markijohn, EsquireMorrow & Meyer LLC

4580 Stephen Circle, NW, Suite 300Canton, OH 44718

Phone: (330) 433-6000Fax: (330) 433-6993

Email: [email protected]

Lucas Murray, EsquireBuckingham, Doolittle & Burroughs, LLC

4277 Munson Street, NWCanton, OH 44718

Phone: (330) 491-5231Email: [email protected]

Changes of AddressWendy Rockenfelder, Esquire

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It’s no doubt that the current state of the world has many people feeling stressed and anxious. Before the Covid-19 pandemic, lawyers were already working in an anxiety-filled setting. Lawyers have high expectations, they have multiple deadlines and clients, they deal with people problems, such as divorce, child abuse, crime, etc. Before Covid-19, most lawyers went to work and conversed with co-workers, clients and colleagues. They had face-to-face social interaction. Now, lawyers are faced with working from home and trying to make this change a new normal.

In 2018, 61 percent of lawyers who participated ranked “above average” on a loneliness scale from the University of California at Los Angeles. Even though they were able to work in a typical, non-Covid-19 setting, most were still lonely. Now that lawyers are forced to stay home as much as they can, they are even more prone to feelings of loneliness and isolation, which can lead to depression and anxiety.

To prevent this, lawyers must understand loneliness and isolation. They should also know that it’s ok to feel

5 Things You Can Do To Prevent Isolation And LonelinessBy Megan R. Snyder, MSW, LISW-S, Clinical Director, at the Ohio Lawyers Assistance Program

like you are not ok. These feelings are valid. We are living in an unknown environment, and it is normal to have these thoughts. If these feelings start to interfere with your life—e.g., you start sleeping too much, you cannot get your work done, you are irritable with your family and co-workers—then it might be time to ask for help.

Use the following Loneliness Scale to see if you can relate to any of the thoughts. If you find that you relate with some of the thoughts, try limiting your screen time, creating structure, connecting with others, staying a ctive, and being creative.

What is loneliness?The UCLA Loneliness Scale is a 20-item scale designed

to measure one’s subjective feelings of loneliness as well as feelings of social isolation. If you associate with any of these thoughts, you might be experiencing loneliness.

1. I am unhappy doing so many things alone 2. I have nobody to talk to3. I cannot tolerate being so alone

(continued next page)


4. I lack companionship 5. I feel as if nobody really understands me6. I find myself waiting for people to call or write7. There is no one I can turn to8. I am no longer close to anyone9. My interests and ideas are not shared by those

around me 10. I feel left out11. I feel completely alone12. I am unable to reach out and communicate with

those around me13. My social relationships are superficial14. I feel starved for company15. No one really knows me well16. I feel isolated from others17. I am unhappy being so withdrawn18. It is difficult for me to make friends19. I feel shut out and excluded by others20. People are around me but not with me

(Source: https://fetzer.org/sites/default/files/images/stories/pdf/selfmeasures/Self_Measures_for_Loneliness_and_Interpersonal_Problems_UCLA_LONELINESS.pdf)

Obviously, it is not healthy to feel lonely. People who have high scores on the UCLA Loneliness Scale are more likely to have job burnout, chronic illnesses, physical inactivity, and early death.

(Source: https://sparqtools.org/mobility-measure/ucla-loneliness-scale-version-3/)

Ways to prevent feelings of loneliness and isolationIf you are feeling lonely, try to act on some of the following suggestions. Even though we are asked to stay at home as much as possible, there are things you can do to help combat your feelings of loneliness and isolation.

Limit your screen timeIt’s no surprise that most of the news during this time is not good news. Our news and social feeds are filled with stories about crime, racism and uncertainty about the coronavirus. When you surround yourself with bad news, it is bound to have a negative effect on you. Search for positive stories in the news, instead of just scrolling through news of the day. Limit your time on social media and news sites and spend your time doing more productive things.

Create structureAs a lawyer, you are used to structure, so it is important to create the same type of environment at home. Try to set

a schedule and stick to it. Wake up and go to bed at the same time each day. This will help keep you from veering off in the wrong direction, such as wondering what you will do each day or how you will finish your work each day.

Connect with othersConnecting with others might seem impossible at this time, but it is not. With technology, you have so many ways to talk to friends and family. Call a friend or a relative. Use apps such as FaceTime and Zoom to create a virtual family get-together.

Note that connecting with others does not just mean with your family or colleagues. Try connecting with others through online groups that have the same interests as you. For example, if you are interested in or have a passion for a certain topic like football or ancient history, find an online group and share your thoughts with others.

Stay activeExercise can instantly boost your mood, and there are plenty of ways to exercise in quarantine. Many online sites have free workouts you can easily do at home. You can take a walk around your neighborhood or in a local park. You can even be active while working on your house, whether it’s through cleaning or mowing your lawn.

Try not to get into the habit of binge-watching TV or spending hours without moving. Remember that a body in motion stays in motion!

Be creativeThere’s a reason why there is a back order on home improvement supplies. Many people are using this time to work on their homes: painting the garage, cleaning the basement, building a tree house in the backyard, re-decorating the bedroom, etc. Take this time to do something creative. It doesn’t have to be a home improvement project. You could try painting, writing poetry, learning photography, crocheting or restoring an antique car or motorcycle. Being creative gives you a sense of purpose and can lead to feelings of accomplishment and pride.

OLAP can helpIf you feel like isolation and loneliness are hindering your life, please call the Ohio Lawyers Assistance Program. We can help you get back on the right track.

(800) 348-4343www.ohiolap.org

Isolation & Lonliness (continued from previous page )


Legal Avenues: Your Road to Solutions Practicing law has always been stressful and the COVID-19 pandemic has only added to the pressures that attorneys face. Health concerns, alternative ways to meet with clients safely, family struggles, and increased reliance on technology have added new and complicated dimensions to the already com-plex legal profession. It has been established that “lawyers struggle with higher rates of mental health issues, including depression and prob-lem drinking, than the average public.”1 This is particularly worrisome because it may be tempting for legal profession-als to counteract the stress caused by the pandemic by con-suming excessive amounts of drugs and/or alcohol. This, in turn, can lead to trouble sleeping and a compromised im-mune system, which are particularly dangerous during the coronavirus pandemic.2

Getting Back to Basics: Self-Care Self-care is extremely important now in order for individuals to protect their health and mental well-being. Self-care is defined by author Jeena Cho as “any activities that you do for yourself where you take steps to identify your own needs and meet them.”3 This would include often overlooked rou-tines such as maintaining a healthy diet, committing to exer-cise, and getting enough sleep.4 Self-care also includes some practices that might not be as immediately obvious. One example of this would be regularly scheduling a full day off to do relaxing activities. This means “allowing the day to unfold at its own pace,” with no set schedule or stressful commitments.5 It is important to remember that self-care measures such as periodically taking time off to relax and regroup are not selfish. There is a great deal of truth in the saying “you can’t pour from an empty cup.”6

Technology As A Tool For Self-Care As contradictory as it sounds, technology can be used as a tool to promote self-care. Those that prefer a

more “high-tech” approach to wellness might be in-terested in trying out an app to help with meditation and mindfulness. Two highly popular apps used for relaxation are “Headspace” and “Calm.” Headspace is popular with celebrities and is particularly useful for those interested in practicing mindfulness and meditation techniques. Calm features “guided medi-tations, soothing music and bedtime stories - read by the likes of Stephen Fry, Joanna Lumley and Mat-thew McConaughey.” 7

Additional Help for Lawyers If attorneys find that they are consistently struggling and need additional help, the Ohio Lawyers Assistance Program is available with resources to help them cope with situations such as the following:

Burnout Stress Anxiety Depression Panic disorder Eating disorders Gambling disorder Drinking Illegal and prescription drugs Internet porn Sexual compulsion disorder Bipolar disorder Adult attention deficit disorder Post-traumatic stress disorder

More information about the OLAP program is available at: https://www.ohiolap.org/lawyers or interested parties may call OLAP at (800) 348-4343 for confidential assistance.8

Footnotes

1Coe, Aebra. “Virus Poses Latest Test to Supporting Attys’ Mental Health” Law 360. 23 Mar. 2020. Accessed 28 Sep. 2020. Available at: https:// www.law360.com/articles/1255561/virus-poses-latest-test-to-supporting-attys-mental-health 2Ward, Stephanie Francis. “Lawyers Are Supposed to Plan for the Worst, So How Can You Ease COVID-19 Anxiety?” ABA Journal. 18 Mar. 2020. Accessed 28 Sep. 2020. Available at: https://www.abajournal.com/web/article/lawyers-are-supposed-to-plan-for-the-worst-so-how-can-you -ease-covid-19-anxiety 3Cho, Jeena. “Self-Care Isn’t Selfish and Can Actually Help Your Performance” ABA Journal. 1 Mar. 2019. Accessed 22 Sep. 2020. Available at: https://www.abajournal.com/magazine/article/self-care-mommy-lawyers 4Ward. 5Zavieh, Megan. “Get Out! Take an Actual Day Off to Curb Lawyer Stress” Attorney at Work. 26 Jun. 2020. Accessed 28 Sep. 2020. Available at: https://www.attorneyatwork.com/take-day-off-curb-lawyer-stress/ 6Cho. 7Best, Chloe. “10 Self-Care Apps You Need to Download” Hello! 24 Feb. 2020. Accessed 1 Oct. 2020. Available at: https:// www.hellomagazine.com/healthandbeauty/health-and-fitness/2019012766368/self-care-apps-you-need-to-download/ 8OLAP. “Help for Lawyers” Accessed 22 Sep. 2020. Available at: https://www.ohiolap.org/lawyers

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Control Flag #4 to Control Flag #5 - Skill level of Control Location – Yellow/Advanced Beginner(for entire map, click on http://neooc.com/stark-county-bar-association-member-page-an-adventure-exploring-balance-through-orienteering/ ) #4 to #5

Now it gets interesting! Most of the purple line connecting #4 and #5 goes through a white area. This indicates open forest with little or no low growth to slow you down or block your vision. This would be the shortest route and would require a compass bearing. You still have the option of going back to the bend in the trail south of #4, following the trail SE to the trail junction, then turning left onto the new trail and heading for #5. How would you know when make a left turn off the trail to find #5? (Hint: if you get to the lake, you went a little too far.) Another thing to consider are all those contour lines between #4 and #5. How many contour lines will you have to cross? Will you be going uphill or downhill? (Hint: as you go away from water, like a lake or stream, you are going uphill.) The feature at #5 will be the top of a small gully. Knowing all this, which route will you take?

4

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bar journal nov 2020 cover...wayne e. graham, jr. passed away april 23, 2020 at the age of 62 years...

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