David Everett Hathaway January 22, 1944 - January 18, 2022

David Everett Hathaway passed away in Cincinnati, Ohio, January 18, 2022, in the arms of his wife of 54 years. The family held a private funeral service in light of Covid considerations.

Dave was a proud and grateful 1961 graduate of Walnut Hills High School. He often reminisced about its academic rigors, quality teachers and the intellect of his diverse classmates. Dave, himself, did not excel in academics compared to those classmates.  His academic prowess would blossom years later.

In the meantime, while in the high school, Dave was slight in physical stature.  Yet, classmates relate he was enthusiastic and willingly endured the painful repercussions of his size, playing both offensive and defensive positions on the football team.  He lettered 3 years in football and baseball.  Socially, Dave was a member of the Delta Beta fraternity and was elected best-looking male in his 1961 class.

In 1966, Dave graduated from Miami University with a degree in accounting.  While a student there he was a member of Phi Delta Theta fraternity. His post-graduate life was determined by his graduating in 1965 which coincided with the Vietnam War and its demands on eligible young men.  Dave responded by enlisting in the United States Army. In June, 1967, he was commissioned a Second Lieutenant in the Army after completing officers’ infantry training at Fort Benning, Georgia, in June, 1967.

On July 1, 1967, Dave met Diane Duty of Portsmouth, Ohio.  His sister was dating Diane’s brother, so a “fix-up” between Dave and Diane ensued.  In an introductory walk around the neighborhood, Diane told Dave she wanted to go to law school. The remark would prove prophetic in their lives.  Only weeks later, he asked her to marry him; she said ‘yes’ and they married September 30, 1967. Their ensuing dedication to each other the next 50+ years would be chronicled years later by Pulitzer Prize winning journalist, Michael Vitez, in his book entitled The Rocky Steps.

In the meantime, Dave began a 13-month tour of duty in April, 1967, leading two infantry platoons. The tour was interrupted by his being tapped to escort the body of his good high school friend back from Vietnam, an experience that would impact his world views the rest of his life. In May, 1969, he completed his tour of duty. The U.S. Army awarded him The Army Commendation Medal for “outstanding performance” and “unique efforts.”

His military obligations satisfied, Dave and his wife entered the Michael Moritz College of Law of The Ohio State University in l969.    Dave’s military service  entitled him to monetary veterans’ benefits.  They were meager, however, when compared with tuition costs and living expenses.  To make up the difference, they borrowed money, sold their Ohio State football game tickets and got part- time jobs.  Their most memorable attempt to support themselves was signing on to sell encyclopedias literally door-to- door.  Energized by the publisher’s shrewd, savvy marketing, they were driven by the sales promoter to a modest neighborhood. He dropped them off to give lucky folks the opportunity to buy the books. Neither Dave nor Diane ever got beyond the front door in any house in that neighborhood that evening.  Both then found part time jobs elsewhere that did not require their selling anything on commission; Dave, as an intern at the Franklin County Prosecuting Attorneys’ Office.

Nourished by “day old” Twinkies from a neighborhood distributor, McDonald’s burgers and fries and the occasional cherry pie, Dave and Diane would both go on to graduate cum laude in the top 10% of their class of approximately 200 in 1972. At that time they struck a deal based on Dave’s chivalry.  The deal was predicated on the lack of anti-discrimination laws at the time, resulting in few females. The situation made a female lawyer’s getting a job a major challenge in that cultural environment.  Dave, however, agreed to apply for jobs wherever Diane secured a legal position. If they relocated thereafter, it would be to a place of his choice.

Diane secured a position on the staff of a federal trial court judge in Miami, Florida. The judge happened to be a part owner of the Miami Dolphins football team. Dave took a legal position with the accounting firm of Arthur Andersen and the couple became Miami Dolphins football fans.  After a few years, both took positions with the same Ft. Lauderdale, Florida, firm as trial lawyers.  They lost two infants, however, and re-evaluated their lives. And, pursuant to the agreement they struck at law school graduation, they relocated to Cincinnati, Dave’s hometown.  It was in Cincinnati that they would ultimately give birth to and rear a daughter, Aimee, and a son, Kirk.

For a time, Dave worked for an accounting firm in Cincinnati started by his grandfather doing business as Hathaway & Hathaway.  The firm, through subsequent organizational combinations, eventually merged into Deloitte & Touche in 1989.  Dave returned to practicing law in Cincinnati and continued to do so until mere weeks before his death.  During those years of legal practice, Dave developed a reputation for cordiality, competence and integrity in serving his clients.

Attorney Mark J. Jahnke of the Katz Teller law firm in Cincinnati, relates “I worked on matters with David several times – the first was a complicated M&A (mergers and acquisitions) matter, * * *.  While we were technically “adversaries”, we quickly developed a relationship based on appreciation for the way each of us approached the issues we were working on and trust that we knew we could rely on the affirmations of the other (and it doesn’t always work that way). * * * what I loved about working with him was that he was smart, responsive and had a great sense of humor. I always felt better after each interaction with him.  We referred matters to each other through the years and I always enjoyed his perspective – which normally included his laugh, which I found infectious. The world was a better place having David in it. I am saddened by his * * * loss but know that my life was enhanced by having David be a part of it.”

Attorney Larry Glassman speaks similarly of Dave:   “I have known Dave as an adversary in litigation, a colleague, a friend and a trusted advisor. I first met Dave when he was an adversary in a minority shareholder case. Dave was not a litigator, but he was nonetheless good at it. I remember thinking at depositions in Texarkana, TX that Dave understood the issues as well or better than any other lawyer in the case. He asked penetrating questions of my witnesses that made it difficult to prepare against.  More importantly, there wasn’t much to do in Texarkana. * * * I remember going to dinner with Dave * * *. It was in this setting that I first learned of Dave’s rapier wit and humor. I don’t know what I would have done without Dave for a week in Texarkana. I traded boredom for great conversation, fun and laughter. A friendship was born. We stayed in touch * * *.  Whether we talked about politics, child rearing or law, Dave has always been a direct hit – I knew where he stood. He is one of the few people I know who can take a very strong and principled position and still appeal as a likeable person to one who holds an opposite view. Our politicians could learn a bunch from Dave! Through the years, Dave became a colleague who I trusted implicitly and to whom I referred matters.  * * *.  I referred myself to Dave and became his client * * * *.  I believe it is the highest compliment an attorney can pay to another to say, “I want you as my lawyer.” Dave never disappointed. He was able to explain tax and estate law even to someone at my level * * *.  Dave * * * was always cool, calm and collected * * *. Dave’s legal advice was always practical * * *, and I very much appreciated his directness. He has always been the shortest distance between two points. In short, Dave (was) a great friend who just happened to be the best tax guy in the city. I have been extremely fortunate to have had him in my life for many decades * * *. He was special.”

Dave’s clients concur. Client of 30 years, Judith Wolter, describes him as “a “great attorney” who was also “a warm, kind and compassionate man.” She notes that in her “numerous meetings concerning legal matters with him, there was always a recurring theme.  “1) The importance of Family. Always a top priority! He adored his family and wore his pride on his sleeve. The grandchildren were the icing on the cake! 2) To give with warm hands. He encouraged me to gift to charitable organizations that I really cared about. Such wonderful advice! 3) To live life with purpose and focus on the many wonderful gifts that life had to offer.”

Dave also quietly gave freely of his time in making civic contributions. James Mason, recently-retired CEO of the Beech Acres Parenting Center, relates The Center was originally an orphanage known as Beech Acres.   Mason states it difficult to quantify what Dave “meant to Beech Acres, me, and the tens of thousands of children, parents, and other community members whose lives have been made better because of his passion, talent, perseverance, and love!!!”  Mason continues: “Dave’s civic contributions are highlighted by his 11-year tenure on the board of Beech Acres, including two years as its chair * * * *.  He served during one of the most transformative periods of the agency’s 173-year history. Rapidly increasing community needs, coupled with significant reductions in government funding, threatened the direction Beech Acres was heading.  In the face of these challenges, Dave remained staunchly committed to serving vulnerable children & families.  He also had a vision for a better way of doing so. * * * Dave was singularly focused on responding to the growing needs of today’s families, undaunted by outside challenges, and infectiously optimistic about the impact Beech Acres could have in the community.  Indeed, Dave’s unassuming leadership qualities planted the seeds of innovation for what has become today’s thriving Beech Acres Parenting Center.”

Dave also quietly gave freely of his time to area youth.  Through the Cincinnati Youth Collaborative, he mentored a young Walnut Hills student from junior high school until his matriculation to The Ohio State University.  Dave related one of his most memorable contributions to the young man to be teaching him how to drive a “stick shift” car.  In addition to mentoring youth, he gave up his own golfing game at Coldstream Country Club and bought a paperback book for $8 entitled How To Coach Soccer. For 9 years Dave coached either his daughter’s traveling select team – the Beechmont Blaze – or his son’s soccer team – the Chuckie Cheese Chargers.   Eight of those he coached would go on to play NCAA Division 1 soccer.

In his spare time, Dave was a voracious reader, especially of the spy, mystery and military genres. He knew all of Jack Reacher’s exploits through reading Lee Child’s books.  His musical tastes ran from Eddy Arnold and Patsy Cline to Vivaldi. And, Dave also had an encyclopedic knowledge of trees.  Indeed, walking or driving with him through tree-lined streets or the countryside was like traveling with a botanist.  He knew the name of every tree, its geographical origin, and its growth pattern.  Eighteen (18) now fully grown trees – sycamores were his tree of choice – stand now as testaments to his persistence in finding trees that would grow on his home property.  

Finally, Dave was a fanatic fan of Ohio State football. He could more-often-than-not in semi-retirement be seen wearing a baseball cap carrying but one word: THE, a nod to The Ohio State University.

 After Dave’s children moved on to college, he and Diane indulged their penchant for adventure travel.  They began by biking the Loire Valley and historic Normandy area of France. They followed this trip by hiking the arduous four-day Inca Trail, camping nightly under crystalline skies of the Andes Mountains to the ancient Aztec ruins of Machu Picchu in Peru. On that same trip, they engaged in night-time crocodile hunting on the Amazon River.  They biked in Morocco where they rode camels to camp out on the Sahara Desert.  They then moved on to bungee jump in Queenstown, New Zealand, paraglide off its mountains and helicopter to the Franz Joseph Glacier to hike on it. They safaried in South Africa and zip lined across Victoria Falls. They frolicked with lemurs in Madagascar; hiked the Great Wall of China; sailed catamarans off Diamond Head, Hawaii; mountain biked Mexico’s Copper Canyon and rode a hot air balloon over the vast Buddhist Temples of Bagan in Myanmar. And, for their 50^th anniversary, they rode the Maharaja Express Train across India to the Taj Mahal.  And, in between each of their jaunts, they biked extensively on the local Little Miami Bike Trail, averaging up to 30 miles a day.

Knowing his remaining day were drawing to a close, Dave reflected upon his life.  Of that life, he said he was most gratified by his long marriage and the parents his beloved daughter, Aimee Vogel and son, Kirk Hathaway of Cincinnati, were to his surviving grandchildren.  Those grandchildren are Avery and Everett Vogel of Dublin, Ohio, and Rowan and June Hathaway of Cincinnati.  Dave’s sister, Dona H. Snow, of Orinda, California, also survives him, along with his niece, Holly Hollenbeck of San Francisco, California.

Of his wife, Diane, he asked only that she promise one thing: she would tell people when he passed away that “I am definitely not in a better place.”  As he had done throughout their lives together, he made her laugh. Dave’s final resting place will be The Arlington National Cemetery. The family expresses deep appreciation to Hospice of Cincinnati for its professional but empathetic care and counsel during Dave’s final days.