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Longtime probate court referee, Akron attorney remembered
SHERRY KARABIN
Legal News Reporter
Published: January 10, 2020
An attorney, longtime probate court referee and teacher, who went the extra mile to help clients, lawyers and those closest to him—that’s how family and colleagues describe former Summit County Probate Court Referee Carl Joseph Fiocca.
Fiocca passed away on Nov. 10, 2019 at the age of 69.
“I think my brother was born a lawyer,” said his sister Diana Marshall, a nurse practitioner for Community Support Services in Akron and an assistant professor and coordinator for The University of Akron’s Family Psychiatric Mental Health Nurse Practitioner Program.
“He always spoke in a very non-judgmental and judicious way. He would listen to everything you had to say, but he would not comment much. I remember when I was in high school and home ill that Carl put on his graduation robes and cap and acted out ‘Here Comes the Judge’ from the TV show ‘Laugh-In.’
“Carl and I shared a love of animals,” said Marshall. “Both of us had multiple dogs. Carl absolutely loved and doted on his dogs.”
Born in Akron on Sept. 22, 1950, he was one of Edmund A. and Gloria A. (Lacamera) Fiocca’s three children and their only son.
Fiocca received his bachelor’s degree and his juris doctorate from The University of Akron.
He began his legal career in private practice, later serving as a Summit County Probate Court referee for over ten years.
George Wertz, now Summit County Probate Court chief magistrate, worked with Fiocca during his time as referee.
“I first met Carl in 1979,” said Wertz, who was also a referee at the time. “He was a very bright guy, who the knew tax code very well. Any time you asked Carl a question you would get a 45-minute answer.
“Carl had a heart of gold,” said Wertz. “He would do anything for you. We both left the court within months of one another. I went over to Kaufmann & Kaufmann and Carl joined us a few years later.
“I remember that Carl loved electronics,” said Wertz. “At one point, he owned stores that sold TVs, stereos and VCRs.”
Former Summit County Probate Court Chief Magistrate Larry Poulos replaced Fiocca as referee when Fiocca returned to private practice.
“I had known Carl on and off through practicing,” said Poulos. “I got to know him much better when he decided to retire from the bench because I spent two weeks shadowing him before he left.
“He was very judicial and fair-minded and had the right temperament for the bench,” said Poulos, now of counsel at Rischitelli & Poulos and Barry M. Ward Co.
“Carl was a noted tax expert,” said Poulos. “During the time when there was an Ohio estate tax, Carl would audit the estate tax returns before they were sent to the Ohio Department of Taxation.
“He was also a valuable resource for attorneys who had tax questions.”
As a private practitioner, Fiocca focused primarily on taxation, probate and trust and estate planning matters.
“Carl was a walking tax code,” said Arnold & Schafer partner Victoria Schafer. “Carl and I shared office space on and off for over 20 years. Carl was a wonderful, ethical lawyer, who was helpful to everyone he worked with. He was a very good friend of mine.
“He treated his clients more like friends,” said Schafer. “He was a devout Catholic, who helped take care of his mother after his dad passed away. When he got married, he treated his stepdaughter and her children like his own and he loved his Shih Tzus.”
Criminal defense attorney Donald Hicks said he handled a couple of commercial law cases in the late 1980s in which Fiocca represented the opposite side.
“Carl was very collegial and thorough,” said Hicks. “He was very, very bright and did high quality work. Additionally, he possessed an abundance of common sense and a strong work ethic.
“He was particularly knowledgeable about all aspects of probate law. He served as referee (now magistrate) in probate court for many years. You could go to him with any legal question and he would take his time to generously share his wisdom and experience,” Hicks said.
Fiocca taught business law classes at The University of Akron for about ten years.
From 1983-2013, Fiocca and solo practitioner Dave Duren presented continuing education programs statewide for attorneys and accountants.
“We were invited to do the CLE presentations by PESI,” said Duren, who practices in Worthington, Ohio.
“We put on the presentations with Franklin County Probate Court Judge Richard Metcalf for many years until the judge retired,” said Duren. “Afterward it was just the two of us.
“We traveled to many cities. We also did presentations for the Ohio State Bar Association.
“Carl was a tax expert and always an ultimate professional,” said Duren. “He certainly was a pleasure to work with. He taught me a lot along the way.”
“Carl loved teaching continuing education seminars and at The University of Akron,” said Schafer.
Fiocca and Duren were recognized by the Ohio State Bar Association for distinguished service for CLE events and by PESI Inc. (formerly Professional Education Systems Institute) for excellence in education.
“Carl was a very nice person,” said Duren. “He took calls from attorneys around the state who had questions on tax and probate issues. He spent a lot of time talking to them on the phone, free of charge for the most part.”
Marshall said her brother spent a good deal of time volunteering for organizations and causes that helped children and the elderly.
“My brother was a behind-the-scenes kind of guy,” said Marshall. “I remember when I was working at Akron Children’s Hospital that I made a shadow box for the Christmas tree festival and I called it ‘Christmas at Mom’s.’ I was ambivalent about donating it for the auction because it had a lot of family memories in it. Our mom was ill at the time and we had already lost our father.
“I did allow it to be auctioned off, but what I didn’t know was that Carl was the one who bought it. He gave it to me for Christmas,” said Marshall. “That’s the kind of brother he was. I still have it to this day.”
A private celebration of life is being planned.
Fiocca is survived by his sisters Diana (Scott) Marshall of New Franklin and Marianne (Andrew) Fiocca Stern of Boston; uncle Joseph Lacamera Jr. of Boulder, Colorado; nieces and nephew Lauren (Brian Prue), Julia and Drew Stern; stepdaughter Kari Williams of Texas and three granddaughters.