Dianna M. Anelli
DIANNA M. ANELLI |
Areas of Emphasis:
Ethics and Professional Responsibility Bar Admissions: Supreme Court of Ohio 1994 Professional Affiliations: Association of Professional Responsibility Lawyers, Former Liaison to ABA Committee on Client Protection Summary: With 23 years of experience, over 19 in ethics and professionalism, DIANNA M. ANELLI has established a practice defending licensed professionals against charges involving ethics violations. Dianna served more than four years with the Supreme Court of Ohio, Office of Disciplinary Counsel investigating and prosecuting attorneys and judges for violations of their Professional Rules. Since leaving that office, Dianna has developed a private practice advising lawyers and other licensed professionals on ethics issues. Dianna has served as the Vice Chair and Chair of the Columbus Bar Association’s Unauthorized Practice of Law Committee. She has been a member of the Association of Professional Responsibility Lawyers (APRL) for 13 years and has served as APRL’s liaison to the ABA Standing Committee on Client Protection. Dianna has been acted as an expert witness on both the plaintiff’s and defendant’s sides. Dianna also practices Collaborative Divorce Law and Senior Protection Law. Articles: Dianna’s publications include: Unauthorized Practice of Law: How do we know?, Columbus Bar Briefs, Spring 2003; What is Professionalism Anyway, Columbus Bar Briefs, Spring 2004; Ohio Ethics Law, Columbus Bar Briefs, Spring 2005; Metadata Mania, Lawyer’s Quarterly, Summer 2009; and Checking Out or Checking Up, Lawyer’s Quarterly, Fall 2009; Integrity, Lawyer’s Quarterly, Fall 2014 Published Cases: Ohio Supreme Court: State ex rel. Schmidt v. Franklin County Common Pleas Court and the Honorable Steven McIntosh, Supreme Court Case No. 2016-0970; Disciplinary Counsel v. Stephanie Gail Gussler, Esq., Supreme Court Case No. 15-021; In re Disqualification of Ingraham (2015), 144 Ohio St.3d 1251; Dayton Bar Assn. v. Parisi (2011), 131 Ohio St.3d 345, 2012-Ohio-879; Disciplinary Counsel v. Brenner (2010), 126 Ohio St.3d 1237, 2010-Ohio-4678; Disciplinary Counsel v. Cushion,2009-Ohio-1626; Disciplinary Counsel v. McShane (2009), 121 Ohio St.3d 169, 2009-Ohio-746;Disciplinary Counsel v. Shea (2008), 117 Ohio St.3d 55, 2008-Ohio-263; Disciplinary Counsel v. Bubna (2007), 116 Ohio St.3d 294, 2007-Ohio-6436; In Re Yazdian (2006), 112 Ohio St.3d 409, 2006- Ohio-6585; Columbus Bar Assn. v. Downey (2006), 131 Ohio St.3d 1201, 2006-Ohio-5346; Disciplinary Counsel v. Wolf (2006) 110 Ohio St.3d 411, 2006-Ohio-4709; Disciplinary Counsel v. Karto, 94 Ohio St.3d 109 (2002); Disciplinary Counsel v. Ames (2003), 99 Ohio St.3d 181, 2003-Ohio-2904; Richland Cty. Bar Ass’n. v. Brickley, 97 Ohio St. 3d 285 (2002); Disciplinary Counsel v. Henderson, 95 Ohio St.3d 129 (2002); Disciplinary Counsel v. Poley, 94 Ohio St.3d 425 (2002); Disciplinary Counsel v. Zaremsky, 94 Ohio St.3d 17 (2001); Disciplinary Counsel v. Allen, 91 Ohio St.3d 27 (2001); Disciplinary Counsel v. Braun, 90 Ohio St.3d 138 (2000); Disciplinary Counsel v. Jackson, 86 Ohio St.3d 104 (1999); Disciplinary Counsel v. Petroff, 85 Ohio St.3d 396 (1999).
Courts of Appeal: Stegall v. Nott, Adm., etc. (3d Dist. 2017), 2017-Ohio-8683; Prime Equipment Group, Inc. v. Schmidt (10th Dist. 2015), Case No. 15AP584; Federal National Mortgage Assn. v. Schmidt, 2015-Ohio-2659; McCormick v. Miami University (2012), 693 F.3d 654; Nyamusevya v. Nkurunziza, 10th District Court of Appeals Case No. 10AP000857 (2011); Nyamusevya v. Nkurunziza, 10th District Court of Appeals Case No. 11AP-137 (2011); Nkurunziza v. Nyamusevya, 10th District Court of Appeals Case No. 11AP000222 (2011); Taub v. Taub, 2009-Ohio-2762; Hatten- Young v. Taylor, 2009-Ohio-1185 (10th Dist.); Kananian v. Lorrilard Tobacco Co., 8th District Court Case No. 89448 (2007); State v. Wood (10th Dist. 2007), Case No. 07AP-163; State v. Alexander, 10thDistrict Case No. 06AP-986; State v. Miller, 10th District Case No. 04AP37; Sawchyn v. City of Middleburg Heights (Ohio App. 8th Dist., Cuyahoga Cty., Sept. 28, 1995);
Cases: Cincinnati Bar Assn. v. Moore, Board of Professional Conduct Case No. 2017-035; Businger v. Bechter, Medina County Domestic Relations Case No. 07PA0082; In re Guardianship of John P. Whipkey, Cuyahoga County Probate Case No. 2017GRD223767; In re Estate of John P. Whipkey, Cuyahoga County Probate Case No. 2017EST228348; Lee v. Cao, Delaware County Domestic Relations Case No. 15DSC080314; Harden v. Buttolph, Franklin County Domestic Juvenile Case No. 15JU12348; Disciplinary Counsel v. Stephanie Gussler, Board of Professional Conduct Case No. 15-021; Ohio Board of Nursing v. Hardesty, Board Case No. 15-004010; Whitehawk fka Gordon v. Shellabarger, Mercer County Case No. 12-CIV-124(request that Judge Ingraham recuse himself); Nott, Adm, v. Stegall, Auglaize County Domestic Relations Case No. 1997DR115; Stegall v. Nott, Auglaize County Case No. 2016CV0075; Sherwin v. Sherwin, Delaware County Domestic Relations Case No. 14-DR-A-02-0058; Thoms v. Thoms, Delaware County Domestic Relations Case No. 14DRA090459; Van Culin v. Caldwell, Franklin Cty. Case No. 13CV004663; Prime Equipment Group, Inc. v. Schmidt, Franklin Case No. 13CV9703 (contempt denied, case settled and dismissed March 29, 2017); Federal National Mortgage Assn. v. Schmidt, Franklin County Case No. 12CV14322 (case settled April 5, 2017 with all sanctions, including the previously awarded sanctions dismissed); In the Matter of Teresa Hardesty, Board of Nursing Case No. 15-004010; Horton v. Horton, Medina Cty. Case No. 12DR0475; Powell v. Lawson,
Franklin Cty. Domestic Case No. 10JU17377; Dayton Bar Assn. v. Parisi (2012), Board of Commissioners on Grievances and Discipline Case No. 12-060 (Dismissed); Edington v. Edington, Franklin County Domestic Case No. 11-DR-010259 (2012); In re Aglae Moulaison, Franklin County Case No. 549794 (2012) (Guardianship application of 90 year old client dismissed); Deutsche Bank v. Allen, et al., Cuyahoga Case No. CV-10-730370 (2012) (case dismissed); Deutsche Bank v. Allen, et al., Cuyahoga County Case No. CV-10-716043 (2011) (case dismissed); Deutsche Bank v. Allen, et al., Cuyahoga County Case No. CV-08-680348 (case dismissed); Jack Kananian, et al. v. Brayton Purcell, et al., U.S.D.C. N.D. Ohio Case No. 1:07-cv-03188-DNC (2009); Taub v. Taub, Franklin Cty., Franklin Cty. Case No. 06-DR-08-3226 (2009); Jack Kananian, et al. v. Lorillard Tobacco Company, et al., Eighth District Case No. 89448 (2007); Hatten-Young v. Taylor, Franklin Cty. Case No. 06-CVA-6229(2007); In re Eligibility of Gisela Thomas, Case No. 07-102-PT (2007) (Before the Ohio Occupational Therapy, Physical Therapy and Athletic Trainers Board – case dismissed against Ms. Thomas); McCallister v. Frost, Franklin Cty. Case No. 04CV08-8887 (sanctions motion); Brystwa, Quick & McCrystal v. Moore, et al., U.S.D.C. N.D. Ohio Case No. 1:06CV1212 (fee dispute – attorney for defendant); Parry v. Brock, et al. Arbitration No. 06-01 (Columbus Bar Assn. – fee dispute); Capital City Partners, L.L.P., et al. v. Shottenstein, Zox & Dunn, L.P.A., Arbitration Case No. 06-08-2002(Columbus Bar Assn. – fee dispute); Board of Psychology v. Wenke, (2006 licensing hearing); Bears v. Smith, Franklin Cty. Common Pleas Case No. Case No. 05CVA4054 (attorney malpractice case; $442,000 judgment for plaintiff – counsel for plaintiff); Wuliger v. Anstaett (U.S.D.C. N.D. Ohio 2005), 363 F.Supp. 917; Stoyer v. Community Housing Network, Inc., U.S.D.C. S.D. OH Case No. 2:04CV1050; State v. Shanks, Franklin Cty. Case No. 05-JU-15593; Svette v. Caplinger (2005), U.S.D.C. S.D. Ohio Case No. 2:04-CV-780; State v. Parsons, Franklin Cty. Case No. 05-CR-10-6752,co-counsel for defendant (bench trial); Disciplinary Counsel v. Hashmi, Case No. 04-042, counsel for respondent (immigration attorney), case dismissed by the Board of Commissioners on Grievances and Discipline after hearing; State v. Stigers, Franklin Cty. Municipal Court Case No. 04-CRB-000779, co- counsel for defendant (acquitted); Blue Chicken v. Kent, Franklin Cty. Case No. 03-CV-000302,(2005), malpractice case dismissed against Ms. Kent (my client) by plaintiffs; Medina Cty. Bar Assn. v. Ranke, Bd. No. 03-027, (2004), dismissed by the Board of Commissioners on Grievances and Discipline after Hearing; Disciplinary Counsel v. Benincasa, S.Ct. No. 2003-1856 (2004), reinstatement of license to practice law in Ohio; Coon v. Musik, Jackson Cty. Case (2004), dismissed on motion for summary judgment; Fisher v. Mt. Carmel Health, Franklin Cty. Case No. 01-CV-00645(2004), dismissed against Gary P. Price (my client) on motion for summary judgment; Edwards v. Wenke, Licking Cty. 2002-CV-01034 (2003), dismissed on motion for summary judgment; Hummel v. City of Carlisle (U.S.D.C. S.D. Ohio 2002), 229 F.Supp. 839.
Expert Witness:
Begue v. Perrico, Summit Cty. Case No. 2002-09-5358, expert for the plaintiff (Malpractice action) Unidentified expert for defense in case involving the split up of a law firm. (Breach of fiduciary duty) Friedman & Mirman v. Mahan, Franklin Cty. Case No. 04CVH-07-7964 — Identified expert for defense (Fee dispute)
Bevan & Associates, L.P.A., Inc. v. Powell, Summit Cty. Case No. 2005-01-0450 — Identified expert for defense (Split up of law firm)
Synchronic Business Solutions, LLC, et al. v. Schindeldecker, et al., Kenton, KY Circuit Court Case No. 01-CI-00276 – Identified expert for plaintiff (breach of fiduciary duty)
Fazio, et al. v. Kohrman Jackson & Krantz, PLL, et al., Cuyahoga County Common Pleas Case No. CV-05-573812 – Identified expert for defendant (fee dispute, breach of fiduciary duty)
Divine Tower Int’l. Corp. v. Kegler, Brown, Hill & Ritter Co., L.P.A., U.S.D.C. S.D. Ohio Bankr. Case No. 02:04-CV-494; 02:04-CV-584; Adv. Proc. 04-02169 – Identified expert for plaintiff (Breach of fiduciary duty)
E.C.H.O. Residential Support, Inc., et al. v. Kurash-Haymes, et al., Franklin County Case No. 15CV009763
Kurash-Haymes, et al. v. E.C.H.O. Residential Support, Inc., et al., Franklin County Case No. 17CV001013
Disciplinary Counsel v. Harmon, Board of Professional Conduct Case No. 2017-036 SEMINARS End of the Year Ethics — Ohio State Bar Association — December 27, 2002 Professionalism — Ohio Attorney General Environmental Law Section — March 2003 Ethics and Professionalism: An Interactive Approach Sept., Oct., Nov 2003, 2004 Legal Ethics — Lorman Educational Services — November 11, 2003 – Cincinnati Ethics — Cleveland Bar Association CLE Ticket — March 2004 (videotaped and replayed) Ethics — Motor Vehicle and Traffic Law Institute — August 3, 2004 Legal Ethics — Lorman Educational Services — November 9, 2004 – Cincinnati Ethics — Legal Aid Society of Columbus — December 2004 – Columbus Marketing Your Professional Responsibility Law Practice — Co-presenter; Association of Professional Responsibility Lawyers — Salt Lake City, UT — February 11, 2005 Ethics – Cleveland Bar Association, Practice and Procedure Clinic, April 20, 2005 (videotaped and to be replayed) Certified Financial Planners Board – Moderator, June 14, 2005 United Behavioral Health – August 22, 2005, 7th Annual Behavioral Health Care Symposium, Part 1 – Forensics: Avoiding Ethical Violations” Ohio Association of Magistrates OAM 2005 Conference – September 29, 2005 – “Uncomfortably Numb”, a CLE on Substance Abuse Lorman Ethics – November 1, 2005 – Legal Ethics in Ohio The Good, The Bad and the Ugly, an Interactive Ethics CLE – November 11, 16, December 9, 14, 2005 Inns of Court – November 9, 2005 – “Uncomfortably Numb”, a CLE on Substance Abuse 2005 Attorney General’s Employee Development Day – November 10, 2005 – Professionalism United Behavioral Health – December 8, 2005, 7th Annual Behavioral Health Care Symposium, Part 2 – “Forensics: Avoiding Ethical Violations” Legal Aid – December 13, 2005 – Ethics and Professionalism Ohio State Bar Assn., Litigation Section – September 2006 – Ethics, Professionalism, Substance Abuse Peoria, IL Bar Assn. – October 9, 2006 – Professionalism Lorman Ethics – November 2006 Legal Aid – December 2006 – Ethics and Professionalism Ohio State Bar Association Litigation Section Conference – September 6, 2007 – Ethics, Professionalism, Substance Abuse Ohio State Bar Association – October 3, 2007 – Ethics, Professionalism, Substance Abuse Ohio Employment Lawyer’s Association – October 5, 2007 – Professionalism, Substance Abuse Warren County Bar Association – November 21, 2007, Ethics and Professionalism Columbus Bar Association Women Lawyer’s Section – November 28, 2007 — Ethics Central Ohio Association of Criminal Defense Lawyers – November 28, 2007 – Ethics Franklin County Trial Lawyers Association – December 4, 2007 – Ethics Ohio State Bar Association – New Lawyer’s Section – December 6, 2007 – Ethics Ohio Public Sector Developing Labor Law – December 7, 2007 — professionalism Cleveland Bar Association Women in the Law Section – December 14, 2007 – Ethics Lorman: Dilemmas Rule 1.6/8.3 – October 15, 2008 OELA – Fee Agreements – November 13, 2008 OELA — 2009 First Annual OELA Columbus Chapter Seminar – November 11, 2009 — Professionalism Legal Aid 2009 CLE – December 2, 2009 — Ethics OELA – 2009 OELA Cleveland Chapter Seminar – December 4, 2009 — Ethics Practicing in the Electronic Office – Cleveland, December 8, 2009 — Ethics Practicing in the Electronic Office – Akron, December 9, 2009 — Ethics SERB Research and Training Center – Columbus, December 10, 2009 –Professionalism Practicing in the Electronic Office – Independence, December 16, 2009 –Ethics APRL Seminar in Toronto, Canada August 2011 Social Media and Professionalism, NBI Series, December 2012 Social Media and Metadata, Columbus Bar Association, February 2013 29th Annual Ohio Environmental, Energy and Resources Law Seminar, Legal Ethics, March 2014 E-Discovery and Metadata, Columbus Bar Association, March 2014 Law Office Management Tips, Columbus Bar Association, October 2014 Good Day Marketplace with Sean Ireland, June 19, 2015, Preparing for Domestic Relations Court, June 19, 2015 Dirty Litigation Tactics: How to Deal With The Rambo Litigator, Ethics – Its Legal, But is it Right?, NBI, July 31, 2015 Legal Ethics: Terminating Legal Representation Teleconference, NBI, August 12, 2015 Handling Difficult Clients, Chester Professionalism Program, Panel member, October 30, 2015 Ultimate Guide to Oil & Gas Title Law, Conflicts of Interest, NBI, Inc., December 4, 2015 Legal Ethics, Top Challenges, NBI, Inc., December 17, 2015 Legal Ethics: Terminating Legal Representation Teleconference, NBI, January 19, 2017 |