Generally, one good way to lose a case is to keep your lawyer in the dark about damaging facts. If you have done something untoward or embarrassing, and you don't tell your lawyer about it, this means that your lawyer will not have an opportunity to prepare to deal...
DUE TO THE CORONAVIRUS OUTBREAK :
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Month: July 2017
Question: I hired a lawyer in the hope that she would be able to get my case settled, but she hasn’t. Does this mean she is doing a bad job?
Well, I have heard this sort of thing before. And what is interesting is that sometimes I have heard the following sorts of inconsistent statements come from the same person: "My lawyer keeps charging me to attend more and more depositions and hearings and is doing...
My ex-spouse and I settled our divorce case with a Separation Agreement. That basically was a contract between the two of us. We each promised to do certain things. Our divorce was granted in the past, and now we want to change some of the provisions in t
This is a very typical question we encounter in our Ohio practice. Generally, once a separation agreement is incorporated into a dissolution or divorce decree, it loses its character as a contract between the parties and is elevated to the status of a court order....
Isn’t it true that the Judge will protect me if I don’t hire a lawyer to represent me in a divorce case my spouse has filed against me?
This is another question I have heard on numerous occasions. The fact is that the Judge cannot give legal advice to you, cannot represent you, and must follow strict legal guidelines in the handling of the case. The Judge is the person in the middle, and is the...
Isn’t it true that, once a child reaches a certain age, she can choose which parent will have her custody?
This is a very common question, and is a subject about which I have probably seen more misunderstanding than understanding! The main standard for determining child placement is the best interests of the child. There are other factors, but the preference of the child...
Is probate bad?
My personal feeling is that the opposite is pretty much accurate in most situations! Probate is often very good. The probate courts in Ohio have varied jurisdiction, and that includes matters involving adoptions, guardianships, decedents' estates, filing of wills,...
Is it true that if I pay something every month, my creditor cannot pursue me in a Court case?
This question is one I have heard more often than just about any other in my 40-plus years of law practice. In most situations, the answer is a very definite NO. This kind of question most often has come up in situations where a client owes a large amount of money, a...
If I borrow money or charge something on a credit card, and then do not pay for it, can the other side pursue me if I have not given some kind of collateral?
Generally, a creditor who does have rights in collateral has a more secure position than a creditor who does not, but the mere fact that a creditor has no collateral does not mean that it cannot pursue a debtor for money loaned or charged. I have had several people...
If I am planning to get a divorce, what are some things I should typically avoid doing?
This is a good question, and there are plenty of things you should not do! Here are some of my favorites: 1. At least if you and your spouse are Ohio residents, you probably should not cancel medical insurance that covers your spouse. In many situations, a person is...
Questions And Answers About Attorney Fees – Part Four
As this series comes to a close, several general observations need to be made at this time:1. Since lawyers typically base their fee on the amount of time spent on a case, the charge to a client can be increased or reduced in a number of ways. For example, if the...