Attorney and 1970 graduate returns as Fitzgerald EIR

As a new retiree, Earle Jay Maiman ’70 continues to do one thing he truly loves — teaching the value and art of advocacy.

Maiman, who was a trial lawyer in Cincinnati for 30 years, is excited to be joining Marietta College for the 2012-13 academic year as the Fitzgerald Executive-in-Residence. Maiman’s arrival on campus fits neatly into the campus theme of Leadership and Social Justice for the next academic year.

He has already met with about a dozen students who are interested in participating in the EIR project that will work on a “mock” case throughout the academic year and will then try that case to a jury, before a Washington County judge on April 12, 2013.

“It’s going to be a lot of fun for the students to go into a real, live courtroom in front of a real judge,” Maiman says.

The program is modeled after one that Maiman has facilitated at the University of Cincinnati, but it includes 25 faculty members.

“Marietta gets just me,” says a laughing Maiman. “I do plan to bring some lawyers down from Cincinnati to assist. From my experience at Cincinnati, you always learn new things from the other faculty. So bringing in some of these lawyers will help the project.”

The EIR program started in 2004 with Henry Jelinek Jr. ’68 and has continued with five additional business leaders running a different scenario. Dale Wartluft ’63, who is a member of the College’s Board of Trustees, facilitated the most recent project, which had a focus on employee satisfaction in the workplace.

Barbara A. Fitzgerald ’73, who was the EIR in 2007-08, provided the financial stability necessary to make the residence program more effective. Fitzgerald, Chair of the Board of Trustees, and her husband Paul, donated $100,000 to endow the EIR program in 2010.

For the first time since its inception, the program won’t be led by a Pioneer from the business sector.

“While in previous years, we have focused on projects that involve businesses, our 2012-13 project offers a different approach. We want our students to be mentored by one of the best lawyers in the state of Ohio,” says Dr. Gama Perruci, Interim Provost and Dean of McDonough. “This project should be particularly appealing to students who are interested in going to law school. We are very fortunate to have Mr. Maiman as our next Fitzgerald EIR. He will bring to this project a wealth of experience in law. The students will learn from a very inspiring legal educator.”

Maiman says one of the biggest challenges of working with undergraduates instead of law students will be their lack of knowledge in relation to rules of procedure. “I really don’t want to spend a lot of time on those items, but rather the advocacy part itself."

He says it’s also important the students realize that half of them are going to win and half of them are going to lose their mock trial.

“I don’t want them to think if they lose they didn’t do a good job,” Maiman says. “However, they need to understand this isn’t going to be easy. Each team will do an opening statement and a closing statement. They will have a real judge and jury. It’s going to be intense for them and intense for me.”

Maiman spent his entire career either practicing or teaching the art of advocacy. After receiving a Master of Arts in Rhetoric and Public Address from the University of Wisconsin-Milwaukee in 1973, Maiman coached intercollegiate debate and taught argument for four years at James Madison University in Harrisonburg, Va.

Maiman then earned a law degree from the University of Cincinnati and, in 1979, began as a law clerk at a downtown Cincinnati firm. He continued to work with that same firm — now called Thompson Hine, LLP — until he retired at the end of 2010.

During the 30 years he was with Thompson Hine, Maiman’s practice was exclusively as a trial lawyer. He primarily tried business disputes, but also handled product liability and personal injury cases, as well as a variety of other types of disputes. For 15 years, Maiman was the head of litigation for Thompson Hine’s Cincinnati office and was Vice-Chair of the firm-wide Business Litigation Practice Group.

He lectured frequently on techniques of trial practice and was Chair of the Steering Committee for the annual National Institute of Trial Advocacy training program conducted at the University of Cincinnati. He has been listed among the “100 Best” lawyers in Ohio and “50 Best” lawyers in Cincinnati.

Maiman is the first Program Director for the Cincinnati Bar Association Arbitration Service and is also a member of the Board of Trustees for The Legal Aid Society of Greater Cincinnati. He is a member of the Civil Service Commission of Madeira, Ohio, as well as a board member of Madeira’s Historical Society.

“The heart of the program is learning by doing. I want them to learn how to be good advocates by getting on their feet and practicing advocacy,” he says. “They’re going to do all of the talking and I’m going to do a lot of listening. That’s what makes the program work.”