2012 Annual Convention. Family Law: Domestic Relations and Juvenile Case Law and Ethics

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1 2012 Annual Convention Family Law: Domestic Relations and Juvenile Case Law and Ethics Family Law Committee 2.0 General and 1.0 Ethics CLE Hours May 2-4, 2012 Cincinnati

2 CONTRIBUTORS Hal R. Arenstein Arenstein and Gallagher Cincinnati, Ohio Mr. Arenstein received his BA from Denison University and his JD from Case Western Reserve University School of Law. His professional memberships include the Greater Cincinnati Criminal Defense Lawyers Association, National Association of Criminal Defense Lawyers (Chair, Membership Committee). Mr. Arenstein specializes in the defense of individuals accused of crimes. He is a frequent lecturer on topics related to his area of practice. For additional information, please visit Diane Kappeler DePascale OSBA Certified Specialist in Family Relations Law Attorney at Law Dayton, Ohio Ms. DePascale received her B.A. from the University of Dayton and her J.D. from the University of Dayton School of Law. Her professional memberships include the Dayton Bar Association (Family Law Committee), Columbus Bar Association (Family Law Committee), and Ohio State Bar Association (Vice Chair, Family Law Committee; Criminal Justice Committee). Ms. DePascale has been a private practitioner of law since She has 29 years of experience in negotiated settlements, trials, and appeals throughout Ohio. Ms. DePascale focuses her practice primarily in the area of family law, including legal separation; dissolution; divorce; annulment; child custody; parenting time, support, and health care; equitable division of marital property and debt; spousal support, grandparent visitation rights, dependency, and allegations of abuse and neglect. She has represented hundreds of clients and is an experienced guardian ad litem for both Montgomery County and Franklin County. In addition, Ms. DePascale defends individuals accused of crime related to traffic violations, misdemeanors, and felonies. She also represents clients in personal injury and will contests and is skilled in the preparation of wills and the probate of estates. Ms. DePascale is an OSBA Certified Specialist in Family Relations Law. She is a frequent presenter on topics related to her areas of practice. For additional information, please visit Stanley Morganstern OSBA Certified Specialist in Family Relations Law Morganstern, MacAdams & DeVito Co., LPA Cleveland, Ohio Mr. Morganstern received his B.S. from The Ohio State University and his J.D. from Cleveland State University Cleveland-Marshall College of Law. His professional memberships include the American Academy of Matrimonial Lawyers, Ohio Chapter, American Bar Association (Senior Lawyers Section), Ohio State Bar Association (Family Law Committee; Family Law Specialty Board (Chair, Specialization Committee)), Cleveland Metropolitan Bar Association (Family Law Section), and Cuyahoga Bar Association (Family Law Section). Mr. Morganstern is the managing partner of his firm and an OSBA Board Certified Specialist in Family Relations Law. In addition to his legal practice, Mr. Morganstern is an Adjunct Professor at the University of Phoenix, Cleveland Campus, the Editor of Domestic Relations Journal of Ohio, and the General Editor and contributing author of Ohio Domestic Relations Law (West Group). He has been qualified as an expert in legal malpractice cases. Mr. Morganstern has conducted seminars for the OSBA CLE, the Legal Education Institute, the Ohio Academy of Lawyers, and the Supreme Court of Ohio Judicial College. He is the author of numerous articles published in the Domestic Relations Journal of Ohio and other publications. For additional information, please visit

3 Mark E. Stone OSBA Certified Specialist in Family Relations Law Attorney at Law Beavercreek, Ohio Mr. Stone received his BS from Bowling Green State University and his JD from the University of Dayton School of Law. His professional memberships include the Dayton Bar Association (Family Law Committee; Certified Grievance Committee), Greene County Bar Association, Ohio State Bar Association (Family Law Committee; Chair, Family Relations Law Specialty Board), and American Academy of Matrimonial Lawyers, Ohio Chapter (Fellow). Mr. Stone concentrates his practice in family law matters and also handles other civil litigation. He is an OSBA Board Certified Specialist in Family Relations Law. Mr. Stone is a contributing writer to and member of the Ohio Domestic Relations Journal Editorial Advisory Board. Since 2002, he has revised and updated chapter 14 Modification of Spousal Support in Baldwin s Ohio Practice (Sowald Morganstern Domestic Law publication). Mr. Stone is a frequent speaker and presenter on topics relating to his areas of practice at seminars throughout the state.

4 Family Law: Domestic Relations and Juvenile Case Law and Ethics Session # 706 Chapter 1 Domestic Relations: A Few Thoughts from a Criminal Defense Attorney Hal R. Arenstein Four Core Miranda Warnings When Are They Necessary? (Two requirements) When Incriminating Statements Are Admissible A Valid Miranda Waiver Invoking Miranda Rights Limitations on Evidentiary Exclusion Chapter 2 Family Case Law Update Stanley Morganstern First District Court of Appeals Second District Court of Appeals Third District Court of Appeals Fourth District Court of Appeals Fifth District Court of Appeals Sixth District Court of Appeals Seventh District Court of Appeals Eighth District Court of Appeals Ninth District Court of Appeals Tenth District Court of Appeals Eleventh District Court of Appeals Twelfth District Court of Appeals Chapter 3 Family Law Case Update (Juvenile Court Materials) Mark E. Stone Ohio Supreme Court First Appellate District Second Appellate District Third Appellate District Fourth Appellate District Fifth Appellate District Sixth Appellate District Seventh Appellate District Eighth Appellate District Ninth Appellate District Eleventh Appellate District Twelfth Appellate District Adoption Cases

5 Chapter 4 Professional Responsibility and Family Law Attorneys Diane Kappeler DePascale Ohio Rules of Professional Conduct Disciplinary Counsel v. Joseph G. Stafford Disciplinary Counsel v. Nicholas M. Gallo Disciplinary Counsel v. Michael H. Siewart Columbus Bar Association v. Kyle Lee Hunter Lake County Bar Association v. Bartley J. Troy Akron Bar Association v. E. Earl Miller Cincinnati Bar Association v. Wm. I. Farrell Disciplinary Counsel v. Vincent Stafford Disciplinary Counsel v. Shondra Longino Disciplinary Counsel v. Scott Pullins Cleveland Metropolitan Bar Association v. John L. Sayler Disciplinary Counsel v. John J. Chambers Cincinnati Bar Association v. Robert K. Larson Columbus Bar Association v. Tanya Johnston Kizer Ohio Rules of Professional Conduct Client-Lawyer Relationship Advocate Responsibility of Partners, Managers and Supervisory Lawyers Maintaining Integrity of the Profession

6 Domestic Relations: A Few Thoughts from a Criminal Defense Attorney Hal R. Arenstein Arenstein and Gallagher Cincinnati, Ohio 1

7 Domestic Relations 1.1

8 1.2 Family Law

9 Family Law Case Update 2 Stanley Morganstern Morganstern MacAdams & DeVito Co. LPA Cleveland, Ohio

10 Family Law Case Update 2.1

11 2.2 Family Law

12 Family Law Case Update 2.3

13 2.4 Family Law

14 Family Law Case Update 2.5

15 2.6 Family Law

16 Family Law Case Update 2.7

17 2.8 Family Law

18 Family Law Case Update 2.9

19 2.10 Family Law

20 Family Law Case Update 2.11

21 2.12 Family Law

22 Family Law Case Update 2.13

23 2.14 Family Law

24 Family Law Case Update 2.15

25 2.16 Family Law

26 Family Law Case Update 2.17

27 2.18 Family Law

28 Family Law Case Update 2.19

29 2.20 Family Law

30 Family Law Case Update 2.21

31 2.22 Family Law

32 Family Law Case Update 2.23

33 2.24 Family Law

34 Family Law Case Update 2.25

35 2.26 Family Law

36 Family Law Case Update 2.27

37 2.28 Family Law

38 Family Law Case Update 2.29

39 2.30 Family Law

40 Family Law Case Update 2.31

41 2.32 Family Law

42 Family Law Case Update 2.33

43 2.34 Family Law

44 Family Law Case Update 2.35

45 2.36 Family Law

46 Family Law Case Update 2.37

47 2.38 Family Law

48 Family Law Case Update 2.39

49 2.40 Family Law

50 Family Law Case Update 2.41

51 2.42 Family Law

52 Family Law Case Update 2.43

53 2.44 Family Law

54 Family Law Case Update 2.45

55 2.46 Family Law

56 Family Law Case Update 2.47

57 2.48 Family Law

58 Family Law Case Update 2.49

59 2.50 Family Law

60 Family Law Case Update 2.51

61 2.52 Family Law

62 Family Law Case Update 2.53

63 2.54 Family Law

64 Family Law Case Update 2.55

65 2.56 Family Law

66 Family Law Case Update 2.57

67 2.58 Family Law

68 Family Law Case Update 2.59

69 2.60 Family Law

70 Family Law Case Update 2.61

71 2.62 Family Law

72 Family Law Case Update 2.63

73 2.64 Family Law

74 Family Law Case Update 2.65

75 2.66 Family Law

76 Family Law Case Update 2.67

77 2.68 Family Law

78 Family Law Case Update 2.69

79 2.70 Family Law

80 Family Law Case Update 2.71

81 2.72 Family Law

82 Family Law Case Law Update (Juvenile Court Materials) 3 Mark E. Stone Attorney at Law Beavercreek, Ohio

83 Family Law Case Law Update 3.1

84 3.2 Family Law

85 Family Law Case Law Update 3.3

86 3.4 Family Law

87 Family Law Case Law Update 3.5

88 3.6 Family Law

89 Family Law Case Law Update 3.7

90 3.8 Family Law

91 Family Law Case Law Update 3.9

92 3.10 Family Law

93 Family Law Case Law Update 3.11

94 3.12 Family Law

95 Family Law Case Law Update 3.13

96 3.14 Family Law

97 Family Law Case Law Update 3.15

98 3.16 Family Law

99 Family Law Case Law Update 3.17

100 3.18 Family Law

101 Family Law Case Law Update 3.19

102 3.20 Family Law

103 Family Law Case Law Update 3.21

104 3.22 Family Law

105 Family Law Case Law Update 3.23

106 3.24 Family Law

107 Family Law Case Law Update 3.25

108 3.26 Family Law

109 Family Law Case Law Update 3.27

110 3.28 Family Law

111 Family Law Case Law Update 3.29

112 3.30 Family Law

113 Family Law Case Law Update 3.31

114 3.32 Family Law

115 Professional Responsibility and Family Law Attorneys 4 Diane Kappeler DePascale Attorney at Law Dayton, Ohio

116 Professional Responsibility 4.1

117 4.2 Family Law

118 Professional Responsibility 4.3

119 4.4 Family Law

120 Professional Responsibility 4.5

121 4.6 Family Law

122 Professional Responsibility 4.7

123 4.8 Family Law

124 Professional Responsibility 4.9

125 4.10 Family Law

126 Professional Responsibility 4.11

127 4.12 Family Law

128 Professional Responsibility 4.13

129 4.14 Family Law

130 Professional Responsibility 4.15

131 4.16 Family Law

132 Professional Responsibility 4.17

133 4.18 Family Law

134 Professional Responsibility 4.19

135 4.20 Family Law

136 Professional Responsibility 4.21

137 4.22 Family Law

138 Professional Responsibility 4.23

139 4.24 Family Law

140 Professional Responsibility 4.25

141 4.26 Family Law

142 Professional Responsibility 4.27

143 4.28 Family Law

144 Professional Responsibility 4.29

145 4.30 Family Law

146 Professional Responsibility 4.31

147 4.32 Family Law

148 Professional Responsibility 4.33

149 4.34 Family Law

150 Professional Responsibility 4.35

151 4.36 Family Law

152 Professional Responsibility 4.37

153 4.38 Family Law

154 Professional Responsibility 4.39

155 4.40 Family Law

156 Professional Responsibility 4.41

157 4.42 Family Law

158 Professional Responsibility 4.43

159 4.44 Family Law

160 Professional Responsibility 4.45

161 4.46 Family Law

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