2021 Election Winners

First Vice President:
Sarah K. Skow
  
Second Vice President:
Cindy M. Kirby
  
Secretary: 
Michael E. Bryant 
  
Treasurer: 
Jeremiah P. O’Brien
  
Board: 
Hon. Christine E. Mayle
Joseph W. Shinaver, Jr. 
Kyle A. Silvers
Carasusana B. Wall
Craig M. Witherell
  

  
The 2021 Annual Meeting will be held virtually on Tuesday, June 8, 2021.
Under the Toledo Bar Association Code of Regulations, First Vice President Hon. Myron C. Duhart, will become president for 2021-2022.  

To register for this event: https://us02web.zoom.us/webinar/register/WN_yQZH8KvqQ7iyKxlI1_UEaA

Recent disciplinary cases have underscored and differentiated what seemed like a hyper-technical Advisory Opinion regarding how to treat “flat fees”. The opinion, 2016-1, and the Vagotis decision are attached.

A technical reading of these documents sets out that if your fee agreement references “flat fee”, the fee should be deposited in your trust account. If your fee agreement references “earned upon receipt”, the fee should be deposited in operations.

BOTH AGREEMENTS, require the language from 1.5(d)(3) that “if the lawyer does not complete the representation for any reason, the client may be entitled to a refund of all or part of the fee based upon the value of the representation pursuant to division (a) of this rule.” BOTH AGREEMENTS therefore must be in writing.

Note that the Advisory Opinion recognized that a flat fee can be deemed to be “earned upon receipt” - presumably for how it is deposited. However, another recent decision, Petracci, also attached, found that a flat fee of $75 – a one&done – that was not deposited in trust was a 1.15 violation, requiring deposit in the trust account. Given the caselaw, the Advisory Opinion will not be much of a defense to depositing a flat fee directly into operations.

The safest practice is to deposit the flat fee in trust, and pay yourself upon completion – which may be as soon as the next day after payment/completion of representation. Again, if you want to continue with the flat fee concept, deposit it in trust going forward. If you want to continue with direct deposit into operations, limit it to “earned upon receipt” fee agreements. DO NOT use “earned upon receipt” agreements for fees paid in payments.

Please note that the grievance in Vagotis was filed by the client because the attorney failed to communicate. Had Attorney Vagotis maintained communications, she could have learned of these distinctions in a CLE program. Just sayin’.

Pursuant to Article X, Section 6 of the Code of Regulations of the Toledo Bar Association, you are hereby notified that a vacancy exists on Lucas County Common Pleas Court, Juvenile Division.

The Judicial Candidates Committee of the Toledo Bar Association will interview those candidates seeking its recommendation to the Governor for appointment on Wednesday, March 24, 2021, beginning at 12:00 p.m. Interviews will be held remotely via Zoom.

Qualified applicants should contact Brad Lagusch, TBA Executive Director, at 419-418-5301 or via email blagusch@toledobar.org no later than Monday, March 22, 2021 to arrange for an interview.

Candidates who wish to provide a resume/CV may do so in advance of the interview. The resume/CV may not exceed 2 pages.

The Employers’ Association and the Toledo Regional Chamber of Commerce, in collaboration with the VProject, are excited to announce a new weekly series of free webinar presentations designed to provide the region’s business community with the latest information regarding the COVID-19 vaccines. The Toledo Bar Association along with several TBA members have been actively involved in the VProject. The VProject is a community initiative to educate, motivate, and vaccinate the entire Northwest Ohio corridor to dramatically slow the spread of the COVID-19 virus. 

In each weekly episode, a panel of experts from the Toledo-Lucas County Health Department and the employment law and HR/business communities will answer your questions and share the most current information regarding the status of the vaccine rollout in our area. Each week, you will get to hear from a different panel of experts. The information presented each week will be updated as we progress into the vaccination process. The presentations will not be identical from week to week.

Presented in partnership with:

March 3, 2021

• With Amy Luck, Labor & Employment Attorney, RCO Law;
• Bob Bethel, SPHR, SHRM-SCP, Vice-President of HR and Learning Services, The Employers’ Association

March 10, 2021

•  Ray Arce, Labor & Employment Attorney, Marshall Melhorn;
• Carl Habekost, Labor & Employment Attorney, Bugbee & Conkle, LLP;
• Andrea Gurcsik, Senior Manager, Global Talent Acquisition, First Solar

March 24, 2021

• Mechelle Zarou, Labor & Employment Attorney, Shumaker, Loop & Kendrick, LLP;
• Alicia DeCant, MBA, PHR, SHRM-CP, Global HR Director, Libbey

March 31, 2021

• Jim Yates, Labor & Employment Attorney, Eastman & Smith Ltd.;
• Sarah Pawlicki Labor & Employment Attorney, Eastman & Smith Ltd.;
• Michelle Leonard, VP of HR & Integration, NAMSA

REGISTER for one event or the entire series at: www.toledochamber.com

QUESTIONS?
T 419.243.8191
E julie.sanderson@toledochamber.com
300 Madison Avenue, Suite 200, Toledo, OH 43604

Thank you for joining us for the 81st Annual Joint Ceremony of the Toledo Bar Association, Lucas County Bar Association, Thurgood Marshall Law Association, Toledo Women’s Bar Association to pay tribute to the members of the Bar who have passed away during the last year. Due to the status of the health pandemic, the Memorial Committee has released a pre-recorded video below. 

OPENING OF COURT
John A. Coble
    
INVOCATION
Pastor Elizabeth Rand of Monroe Street United Methodist Church

READ BY
John A. Coble
Krysten E. Beech
William G. Meyer
    
ADJOURNMENT
John A. Coble
 

IN MEMORIAM

Walter J. Kosydar    
Memorial Start Time:  2:39
September 17, 1929 – March 27, 2019
Admission to bar:  May 5, 1973
    Gary McBride, Chair 
    Hon. Jack Puffenberger
    Jack Wanick

Charles J. Mira    
Memorial Start Time:  5:51
December 12, 1957 – May 23, 2019
Admission to bar:  November 1, 1983
    Jack Wanick, Chair
    Steve Serraino
    Christopher Parker

John M. Curphey    
Memorial Start Time: 8:10
June 8, 1927 – July 3, 2019
Admission to bar:  August 17, 1953
    James D. Curphey, Chair
    Hon. Jack Zouhary
    James E. Brazeau

Paul David Giha    
Memorial Start Time: 10:39
February 23, 1938 – August 9, 2019
Admission to bar: October 17, 1964
    Joseph Dawson, Chair
    Jude Aubry

Kenneth W. Phillips    
Memorial Start Time: 12:05
December 31, 1957 – August 17, 2019
Admission to bar:  November 6, 1989
    Patricia Horner, Chair
    William G. Meyer
    Christopher Parker

William Byrne    
Memorial Start Time: 14:00
July 31, 1948 –August 24, 2019
Admission to bar:  November 6, 1981
    Hon. David Lewandowski, Chair
    Ronald McCourt
    Alan D. Mutchler

George F. Runner    
Memorial Start Time: 16:54
November 18, 1946 – September 13, 2019
Admission to bar:  November 7, 1975
    Raymond A. Runner, Chair
    James Yavorcik
    Michael A. Bruno

Philip R. Joelson    
Memorial Start Time: 18:55
April 19, 1934 – December 3, 2019
Admission to bar: May 25, 1961
    H. Buswell Roberts, Jr., Chair
    Christopher Parker
    Catherine Garcia-Feehan

Peter L. Moran    
Memorial Start Time: 21:19
March 12, 1925 – December 12, 2019
Admission to bar:  March 25, 1953
    Mary Beth Moran, Chair

John Lyndal Hagemeyer    
Memorial Start Time: 23:06
April 9, 1926 – February 10, 2020
 Admission to bar:  August 21, 1952
    R. Jeffrey Lydy, Chair
    Carl N. White
    Michael A. Bruno

Earl N. Witzler    
Memorial Start Time: 25:15
March 5, 2929 – February 28, 2020
Admission to bar:  September 5, 1956
    Krysten Beech, Chair

Mark Duane Wagoner, Sr.    
Memorial Start Time: 27:02
April 4, 1943 – March 18, 2020
Admission to bar:  November 2, 1968
    Cathy Garcia-Feehan, Chair

Rabbi Alan Mayor Sokobin    
Memorial Start Time: 31:00
March 8, 1926 – April 3, 2020
    Cathy Garcia-Feehan, Chair
    Michael A. Bruno

Brandon Grey Schnorf    
Memorial Start Time: 36:14
August 19, 1931 – April 20, 2020
Admission to bar:  October 9, 1958
    Kevin Ferguson, Chair
    Michael A. Bruno
    Christopher Parker

Phillip S. Oberlin    
Memorial Start Time: 41:45
April 11, 1933 – April 29, 2020
Admission to bar:  October 7, 1959
    Krysten Beech, Chair

Richard J. Sullivan    
Memorial Start Time: 42:55
November 14, 1931 – April 14, 2020
Admission to bar:  October 9, 1958
    Jack Wanick, Chair
    Michael A. Bruno
    Christopher Parker

Keithley B. Sparrow    
Memorial Start Time: 45:07
June 11, 1946 – June 13, 2020
Admission to bar:  May 7, 1979
    Donna M. Engwert-Loyd, Chair
    Eric E. Marks

Dorothy B. McCrory    
Memorial Start Time: 49:07
April 19, 1938 – June 15, 2020
Admission to bar:  May 5, 1960
    Kurt M. Young, Chair
    Hon. June Galvin

James Porcello, Jr.    
Memorial Start Time: 52:16
October 3, 1951 – June 16, 2020
Admission to bar:  November 4, 1977
    Charles R. Schaub, Chair
    Christopher D. Marriott
    Patrick P. Pacella

Richard G. Farrar    
Memorial Start Time: 54:44
June 29, 1935 – June 26, 2020
Admission to bar:  October 19, 1966
    John Naayers, Chair
    William M. Connelly
    Michael A. Bruno

Scott Edward Spencer    
Memorial Start Time: 57:46
January 11, 1948 – July 2, 2020
Admission to bar:  November 2, 1979
    Lorin Zaner, Chair
    Richard Walinski
    Kenneth Mickel

John M. Carey    
Memorial Start Time: 1:00:00
March 4, 1951 – July 30, 2020
Admission to bar:  April 28, 1978
    Ann McCauley, Chair
    Hon. George Glasser (retired)
    John J. McHugh, III

Hon. James D. Jensen    
Memorial Start Time: 1:02:42
February 26, 1943 – August 6, 2020
Admission to bar:  May 2, 1970
    William G. Meyer, Chair
    Christopher Parker
    John Coble

Peter M. Zaums    
Memorial Start Time: 1:05:30
July 10, 1944 – August 9, 2020
Admission to bar:  May 5, 1973
    Joseph Dawson, Chair

Hon. Frederick H. McDonald    
Memorial Start Time: 1:07:48
August 8, 1943 – August 11, 2020
Admission to bar:  December 30, 1968
    Charles McDonald, Chair
    Guy Barone
    Joe Stancati

Hon. Peter M. Handwork    
Memorial Start Time: 1:11:18
December 2, 1941 – September 5, 2020
Admission to bar: October 19, 1966
   Tom Handwork, Chair
   All of Judge Handwork’s bailiffs, staff attorneys and law clerks in the Common Pleas and Appellate Division.
   The Judges and attorneys with whom Judge Handwork practiced, participated and mediated during his career.

Download Program

2021 TBA Diversity Luncheon - Friday, February 19th
Remember the smell of your grandmother’s cooking, or simply spending hours in the kitchen during family holidays as food is prepared and grabbing a taste before sitting down for dinner? A family recipe is a way to reminisce, to document timeless family traditions, and to bring family and friends together. We’re celebrating the Diversity Luncheon a bit differently this year. We invited members to submit a family recipe to the TBA and tell us why it’s a special recipe so that we can share family traditions with other members. The cookbook can be downloaded here.  

We also encourage members to order lunch or dinner on Friday February 19th from a local ethnic restaurant of your choosing to support our friends in the restaurant industry during this difficult time. Tag the TBA and the restaurant you choose on social media. The TBA will host a virtual happy hour on Friday, February 19th at 7:00pm. Click here to register. 

Restaurants are a labor of love and are often born through family traditions and recipes. Submit a photo of your receipt/dinner to gscherzer@toledobar.org by midnight on Sunday, February 21, 2021 for a chance to win a $50 gift card to a local restaurant. A winner will be drawn at random. 

Below is a list of some of our favorite authentic restaurants:

CARIBBEAN
Jamaican Spice
Caribbean Breeze


CHINESE
QQ Restaurant
Jing Chuan
Hot Sizzlin Wok
The China (In Bowling Green)
Bai Du (Perrysburg)
BM Chen
Little Asia
Flower Drum
Ya-Ya’s Kitchen
Balance Grill


HUNGARIAN
Tony Packo’s


INDIAN
Tandoor of India
Star of India
Indian Jewel of Toledo
Bombay Kitchen


ITALIAN
Sebatiatno’s Italiano
M Osteria Bar & Lounge
Calvino’s Restaurant & Wine Bar
Inky’s Italian
Mancy’s Italian
Basil Pizza & Wine Bar
Rosie’s Italian


JAPANESE
Kengo Sushi & Yakitori
Rayoka Japanese Steakhouse & Sushi
Rice Blvd
Kyoto Ka
Kotobuki Japanese Restaurant
Domo Sushi
Kira Steakhouse
Nagoya Japanese Steakhouse and Sushi
Tea Tree Asian Bistro
Tougen
 

MEDITERRANEAN / MIDDLE EASTERN
Georgio’s Café International 
Souk Mediterranean Kitchen
Zingo’s
The Beirut
Lazeez Mediterranean Cuisine
Grape Leaf Express
Byblos Fine Lebanese
Poco Piatti
Mano’s Greek Restaurant
Sidon Lebanese
Damascene Grill
Tiger Bakery
 

LATIN
Lowrider Café
El Tipico
San Marcos
Carlos Poco Loco (Cuban & Mexican)
Cucina de Carlos
El Vaquero
El Camino Real
Mi Hacienda
Cinco de Mayo
Latin Cravings Factory
Chosica Peruvian Restaurant

SOUL FOOD
Josephine’s Soul Food
J Maes Home Cooking
HotBox Bistro
Ruby’s Kitchen
Ubn’s Soul Food
 

THAI
Rose Thai
Bangkok Kitchen
Toledo Thai
Bangkok Cafe
 

VIETNAMESE
Pho Viet Nam
Pho Noodle
Kay's Table

The Robert A. Kelb Distinguished Service Award, the Toledo Bar Association’s highest award for service to the association and membership, was presented virtually to Thomas G. Pletz on December 30 by TBA president, William G. Meyer. To watch the complete presentation and acceptance of the award, click the video link below.

Thank you, Tom for your continued service and dedication to the legal community and seeing the importance of mentorship in the 'Toledo Way' of practicing law in NW Ohio. Congratulations on this well-deserved award!

Tom Pletz served on the TBA Board of Trustees from 1981-1994. Throughout his years of involvement in the TBA, Pletz has served on numerous committees and continues to volunteer annually at the High School District Mock Trial Competition. In 2003, he co-authored a “legal History of Lucas County” memorial book as TBA 125th anniversary project. 

He was President of the U.T. Law Alumni Board in 1979-1980 and was President of the Toledo Junior Bar Association (1982-83). In 1995 he received the Toledo Junior Bar Association Order of the Heel award as the senior bar member most helpful to young attorneys. Pletz has been admitted to the bar of the Supreme Court of the United States and is a Life Member of the U. S. Sixth Circuit Court of Appeals Judicial Conference. He served as a Member of the Ohio Board of Bar Examiners for 10 years, and as its Chair (1996-1999), when the Board raised the exam pass standard and added the Multi-State Performance Test. He served 26 years in the U.S. Naval Reserve, retiring as a Surface Warfare and Special Warfare Officer with the rank of Commander. Pletz continues to be an active leader in local church groups and area judicial campaigns and has served on several area boards in the community. 

As partner of Shumaker, Loop & Kendrick, LLP, where he has practiced since 1972, Pletz focuses in the areas of constitutional and statutory rights, and in defamation and education law, as well as complex product liability cases, special remedies, and religious organizations. Since 1990, he has been an Acting Judge in Sylvania Municipal Court, for which he has written numerous decisions on a wide variety of civil and criminal law issues. He has been trial counsel of record in more than 40 reported state and federal court appellate decisions.

The Kelb Award is presented by the Board of Directors of the Toledo Bar Association to a member of the TBA who has unselfishly served the Bar Association and its members. The award is named after Robert A. Kelb, who practiced law in Toledo for 58 years. Mr. Kelb’s dedication to service was demonstrated by his involvement with many organizations – fraternal, professional and charitable. In 1943, Robert Kelb was elected as President of the Lucas County Bar Association and in 1968 served as President of the Toledo Bar Association. The recipients are persons who consistently devote time and talents in service to the Toledo Bar Association through work on its various committees.

The 2020 Holiday Season is mirroring the rest of the year in many ways. Travel plans are changing, Zoom is being used to connect with family and friends and traditions are being altered to accommodate social distancing. While you are probably looking forward to kicking 2020 to the curb, I urge you to take time this Holiday Season to give thanks for the things that matter most to you. 

To help you get into the holiday spirit, we have developed a few videos below for your viewing pleasure. On behalf of the TBA Board of Directors and staff, we wish you and your family a joyous holiday season. 

Sincerely,

William Meyer, President

 

It is with great sadness that we must report the passing of the Honorable Judge James E. Barber.

Judge Barber served as a judge in Fulton County Court of Common Pleas for 30 years before retiring. He would have celebrated his 2 year anniversary as a visiting judge with our court in January, 2021.

When asked, TBA President William Meyer shared that Judge Jim Barber is best described by his own words: "I address each person as a person I respect, as a child of God". That is the way he treated lawyers and parties before him. He had a kindness about him that he  extended to everyone he met, including exchange students from the other side of the world. Our condolences to his wife, Sandy, and the rest of his family. Judge Barber will be missed by all those who had the honor of working with him or practicing before him. Rest in Peace. 

Read more here for arrangements.