Latest Legal Insights

“I don’t know.”   How often do you hear an attorney utter those words? When you see attorneys on TV and in movies, you rarely hear it. Yet, the reality is, knowing what we know, and knowing what we don’t know, is one of the most important parts of advising our client. Without knowing what we don’t know, an attorney will walk their client into disaster.   Over my career, I’ve encountered many times when I don’t know something. Sometimes, I need to do some research or ask f

When it comes to the law, there is not a single area where the ability to craft language, play with prose, or  narrate stories, is not essential.  Reading the following two passages , which convey the same legal information, which  one  is more compelling to you? “Defendant, an elderly gentleman, was confused by the legal  requirements, but now has counsel.  Defendant  requests that  this honorable Court, pursuant to  Civ.R . 15(A), grant leave  to file an amended answer.” “D

When I was growing up, I remember an instance where Elder Financial Abuse happened to my Grandmother.  My Grandmother was one of the sweetest souls that God created, and I never remember her saying a bad word about anyone.  She constantly smiled and talked to everyone and had a way of making people feel safe in her presence.  It probably helped that she was a small person, all of 5 feet tall with heels and a perm adding to that total. Unfortunately, this same magnetism also m

In 2020, I had the privilege of sitting second chair during two jury trials in the Holmes County Court of Common Pleas. One was a civil jury trial involving a business dispute and the other was a criminal jury trial involving several charges. Sitting “second chair” during a jury trial essentially means:   a lawyer who helps the lead attorney in court. The services of the second chair may include examining some of the witnesses, arguing some of the points of law, handling part

One of the greatest aspects of being an attorney is conducting consultations with potential new clients. As someone who enjoys talking and meeting with people, I truly enjoy helping, educating, and empowering individuals who seek answers to some of the most difficult and challenging questions and experiences that they will go through in their life. It is extremely rewarding to assist and empower the potential new client to understand their legal options and advise them on how

When I served as a judge, one of the most frequent contacts I had with the general public went something like this, “Hey Judge, I received a notice from the Sheriff that I have been selected for jury duty and I can’t serve because (insert excuse here.)” The request would lead to a discussion of civic duty, which did not often result in the retraction of the request. But one thing did, “What if you needed a jury? Would you appreciate someone with your reason being excused?” Th

Most of my career as a prosecutor, judge, and now an attorney in private practice has one common thread woven throughout working with juries. Sometimes thrilling, sometimes frustrating but always fascinating, the ways that juries hear the evidence, consider the law and make their decisions never lose my interest. Recently, I was asked on a radio interview “Why do juries have twelve members?” My initial urge was to say, “Not all do.” And go into a description of how in Ohio ci

A criminal investigation can be a very stressful and confusing time for you. Below are frequently asked questions and answers to guide you, or a loved one, when facing a criminal investigation: Q: Do I need an attorney during a criminal investigation? A:  Not always- but it is highly recommended. An attorney will be able to ensure that law enforcement officials are properly, ethically, and legally conducting said investigation. The U.S. Constitution and Ohio Constitution prov

In criminal law, there are two basic ways that a person is informed of the charges against him or her and is brought to court to answer those charges - either via Summons or Warrant. The first way is one that is familiar to anyone who has received a traffic ticket. Few people receiving a minor traffic ticket are physically arrested. Instead of arrest, the police officer issues a ticket or citation that informs the person what they are charged with and when they must appear in

If you are a business owner, how do you know if the person in charge of the books is not skimming off the top? What checks and balances do you have in place to ensure more than one person is looking at the financials? To prevent embezzlement, it should be an area that business owners review regularly but often it's easy to get caught up in the day-to-day operations of the business. Things like bank reconciliation statements and cash flow statements get put on the back burner

Welcome to Part Two of my series of observations on the high anxiety of giving testimony. In this part, the number one mistake made by witnesses. Giving testimony is really a fairly simple procedure. Attorneys ask questions and witnesses give answers. Most questions are about something the witness has experienced. So, a good pattern of questions is similar to a journalist conducting an interview: who, what, when, where, how and why? Simple, right? Not so much. Especially with