Arbitration: A Valuable Tool for Business Dispute Resolution

Each victim’s case comes with a unique set of circumstances. Those circumstances dictate which method of resolution is best suited to achieve the desired results for both parties. In some personal injury and wrongful death cases for example, the dynamics are such that a settlement can achieve a better outcome for victims than a jury trial.

Arbitration is an alternative litigation option that we believe works particularly well for business dispute resolution—the perks being that arbitration can be more efficient and, in most cases, more confidential than a public trial.

What is arbitration?

Unless the parties agree otherwise, arbitrators’ decisions are definitive and binding like a jury’s verdict—and, they are rarely overturned on appeal. But what happens in an arbitration hearing differs in many ways from the procedures involved in a jury trial.

In arbitration, both parties present their cases to an arbitrator—or in some cases, a panel of arbitrators. The panel consists of experienced attorneys and it serves as both judge and jury for the case. Arbitrators render their decisions based on the evidence and arguments presented by both parties involved in the dispute.

There is no voir dire process in arbitration like there is in a trial. Nor is there a need to shape the presentation of a case to connect with the supposed values and attitudes of the jurors. Being familiar with the law, arbitrators are more likely to be swayed by evidence than emotional appeal.

There are some similarities between trials and arbitration as well. In both, motions can be filed, discovery is conducted, depositions are taken and presented, and expert witnesses can be brought to the hearing to testify.

Arbitration benefits for business dispute resolution

In a personal injury or wrongful death case, litigation can be part of a victim’s healing process. The public nature of a courtroom trial serves as an opportunity for victims to express their grief or anger, and to have their stories heard and decided on by their peers.

Privacy, on the other hand, can be preferred by both parties in business, shareholder or high-level employment disputes. Arbitration provides a legal forum for reaching a resolution without violating confidentiality. In most business cases, a contract has been broken or unfulfilled, and the arbitrators must determine whether genuine harm resulted and how the victim should be compensated. These types of cases frequently revolve around complex, intricate details. There may be proprietary or financial information involved that both sides would prefer to keep private.

Timeliness of arbitration

The other advantage of resolving a business dispute through arbitration is that it can bring the parties to resolution quickly. Courtroom judges are likely to have multiple court-related issues to handle in a given day, in addition to what’s on their court docket. It’s rare to have the judge’s availability for a full day, and this can extend the number of days needed to complete a trial. In an arbitration, the arbitrators booked for a hearing have no similar conflicts to disrupt the course of the hearing.

Because arbitrators are practicing attorneys or judges, there is less need for attorneys to devise complex presentations like those needed to demonstrate points to jurors who are less familiar with legal concepts. Arbitrators know the difference between hearsay and evidence, between showmanship and fact. This allows attorneys to get to the point and get through the case faster.

The value of knowing which method is best

Civil litigation attorneys must be adept at using all the tools available to them. They should be as skilled in arbitration and settlement negotiation as they are in the courtroom. Knowing which litigation method is most likely to meet the needs of the client and the circumstances of the case is key.

Connect with us—we’re here to help

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

Reclaiming One Man’s Future through Shareholder Dispute Resolution

Business thrives on promises made with good intentions and integrity. When those promises are committed to signed documents, they become contractual obligations that compel the parties to live up to their promises even though good intentions and integrity may wane.

When promises made in good faith are subsequently discarded in the wake of ego and personal conflict, it’s likely that business disputes will arise. Sometimes those disputes can be resolved with calm reasoning, but often, litigation is needed instead.

Promises lead to shareholder dispute

James* was a young and successful corporate counsel when he was recruited by a fledgling beauty-services franchise company. At first, James was hesitant to leave his corporate position (and take a salary cut in doing so), but the promise of partial ownership was enough to lure him into taking a chance.

James’s primary job was to attract new investors, and he did his job well. Within his first year, James attracted several new investors and the franchise opened a half-dozen new outlets. Sam*, the company’s founder and majority owner, was so impressed with James’s performance that he increased the ownership incentive from three to five percent. As prospects exponentially grew, the franchise took off.

During this time, Sam was in dispute with the company’s former owner, and assured James that they would complete the proper ownership paperwork once that dispute was resolved. Being young and eager to succeed in his role, James trusted Sam’s word.

Then one day, out of the blue, James was fired—and he was denied any percentage of ownership for his contributions to the company’s growth.

He hired us to represent him in this business dispute resolution.

Promises and paperwork

Sam denied James the ownership share he had earned based on the claim that he had not signed a “unit grant agreement,” a document that would have set forth a vesting schedule for James’s units. Without that signed document, Sam contended, James had no rights of ownership.

We disagreed. James had signed an operating agreement when he first joined the company, and he had met the performance criteria to be granted five-percent ownership.

We began with a demand letter, seeking only to negotiate a reasonable settlement. The owner essentially told us to go fly a kite.

Shareholder dispute requires arbitration

The case involved years of arbitration. Sam and his franchise group did everything they could to deny James’s right to ownership.

The case became more complicated when the company was purchased by a private equity firm. No portion of the sale was designated to James, who should have received five percent of the asset sale in cash or stock.

In 2010, we filed for arbitration that didn’t begin until 2015, and then took two years to complete. The case required extensive discovery on our part, including tracking down the company’s prior attorneys and getting testimony from them supporting the claim that the promise of ownership had, in fact, been extended to James.

Ultimately, the arbitrators agreed with our position and granted James a cash equivalent of five percent of the asset purchase, plus court and attorney fees. It was vindication for the work James had done for the company—and fulfillment of the promises that had been made to him.

Years could have been saved with a signature

In the end, James won his case and received the equity value he had earned. But it came at a steep personal price. For five years James struggled to find employment, as his reputation had been extensively damaged by his former partner. Having left a secure job for this opportunity, he faced the challenge of having to reevaluate his career path.

Had a unit grant agreement been completed and executed prior to James joining the company, he very well could have avoided the civil litigation that was necessary for him to be awarded his promised share.

New partnerships often come with the glow of optimism, opportunity, and trust. Unfortunately, that glow can fade with time and with the intrusion of personality conflicts, sometimes driven by greed or jealousy. The best protection against broken promises is to be sure to get all the necessary documents signed before entering into an employment or a business arrangement.

If issues arise regarding a business or shareholder dispute and you suspect that you may have been victimized, contact the Ohio civil litigation attorneys at Cooper & Elliott. We are here to help.

*Names in this article have been changed to protect our client’s privacy. 

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

In Criminal Cases, Innocence Is Rarely Enough

Our society is complex. Our legal system mirrors that complexity.

With so many demands on our lives, getting things done takes knowing how to get things done. It means being smart and diligent and having adequate experience. The challenges are similar in criminal law. It’s about being familiar with the legal landscape and all its ins and outs.

In criminal law, the stakes—for defendants—are a whole lot higher. And when the legal work isn’t at a high standard, the result can be wrongful imprisonment.

Genuine innocence v. wrongful imprisonment

The simple truth is that defendants are at a disadvantage in criminal law. While our legal system is intended to treat all citizens fairly and presume innocence unless proven guilty, it doesn’t always work that way.

No juror brings absolute objectivity to the courtroom. Jurors are people who, at their best, are both fair and flawed. Try as they might, they can be only so objective.

And someone’s personal liberty hangs in the balance.

The presumption of guilt

It’s not supposed to be this way, but it is common for jurors to walk into the courtroom with the presumption that the defendant in a criminal trial is guilty to some degree. They are inclined to believe that prosecutors are not going to bring a case to trial unless there is some evidence of the defendant’s guilt.

Experienced defense attorneys know that, too. That is why criminal cases are much more likely to be resolved with a plea bargain than with a jury’s verdict.

Good attorneys will anticipate that disadvantage. They know ways to overcome it, primarily by challenging the admissibility of evidence and the credibility of witnesses. Lacking an iron-clad alibi, the grunt work of discovery and pretrial motions to have evidence barred from trial, as well as the persuasive powers of the defendant’s legal team, count for more than mere innocence.

How civil litigation attorneys can make right a wrongful imprisonment

It’s important for criminal defense attorneys to be on top of their game. The defendant’s continued personal freedom depends on it. And what happens if the defense attorney isn’t up to the challenge of neutralizing the defendant’s disadvantage in a criminal case?

The result is incarceration. And when the defendant is found guilty but isn’t, it could become wrongful imprisonment. Imagine knowing you are innocent but are forced to relinquish your freedom, livelihood, and way of life simply due to the failings of a negligent defense attorney.

This is where we come in. As civil litigation attorneys, we don’t handle criminal cases. But we have been able to overturn wrongful criminal verdicts in cases that have been severely mishandled by defense attorneys.

In such cases (and they are relatively few), one recourse is through a legal malpractice lawsuit. We have been able to reverse injustices by presenting (and sometimes uncovering) evidence in favor of clients that, for whatever reason, didn’t find its way into the original criminal trials.

Our practice exists to find justice for those who have been harmed. In most cases, that means representing victims of personal injury or wrongful death, or helping individuals and businesses recover financially after being victimized by some form of legal malpractice.

When that malpractice extends to criminal cases, the victims pay a price that dramatically exceeds the penalties in a civil lawsuit. When we work with malpractice victims in criminal cases, we’re looking to help them restore their reputation, their self-respect and their personal freedom.

If you have been injured through legal malpractice that calls for civil litigation, don’t hesitate to give us a call. We’re here to help.

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

Where’s the Real Crime? The Injustice of Criminal Defense Malpractice

Imagine being accused of assault. You know that, at the time, you were miles away with several witnesses. Nothing to worry about, right? But months later, you find yourself convicted and incarcerated.

This kind of personal calamity is an example of what can happen to a person’s life when he or she becomes a victim of criminal defense malpractice.

The criminal side of legal malpractice

We’ve discussed what constitutes legal malpractice and why civil litigation attorneys should not shy away from these cases. We’ve detailed the impact on the victims of civil cases where justice has been derailed by legal malpractice.

However, the legal risks for the defendant are amplified when legal malpractice occurs in criminal law. In civil litigation, the outcome usually centers around financial compensation for damages (though civil litigation cases, when settled without a trial,  may include conditions that are not financial).

The outcome of a criminal case is likely to involve something more precious than money. What’s potentially at stake, for the defendant, is his or her liberty, and often, drastic reputational harm. When a defendant is convicted in a criminal case through neglected evidence or attorney inexperience, there are options for recourse through civil litigation.

Oversight leads to criminal defense malpractice

The case cited above was real—it involved our client.

In this case, the accused, George Hamilton* encountered the drunken complainant (a boyfriend of one of George’s employees) in a parking lot around midnight.  There was no fight and no assault.  Hours later, in a separate incident, the boyfriend was assaulted in his apartment by several individuals. George was indicted for the assault. Multiple witnesses could have provided an unimpeachable alibi for George, but they weren’t called to testify—or even interviewed—by his criminal defense attorney. Worse, at trial the defense attorney became confused and questioned George repeatedly about the parking lot encounter, and the jury convicted him for that (even though it wasn’t mentioned in the indictment).

Because of the defense attorney’s mishandling of the case, George was imprisoned for three years for a crime he could not have committed and for which he was never legally charged.  Fortunately, his conviction was eventually overturned, and he was released from prison.  He came to us for justice and we sued the criminal defense attorney and obtained a substantial jury verdict in his favor.

In this case, the defendant was wrongfully imprisoned—not as a result of criminal actions, but because of criminal defense malpractice. If you have been injured through legal malpractice that calls for civil litigation, give us a call. We’re here to help.

*Names in this article have been changed to protect our client’s privacy.

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case

How Patent Legal Malpractice Can Devastate a Business

As a business owner, one of the most valuable things you can get from an attorney is a sound opinion, one based on facts and knowledge of the law. That opinion doesn’t guarantee your success, but it should assure you that there are no legal impediments that will keep you from moving your business forward.

A legal opinion should reflect careful crafting and thorough research. Opinions bandied around the water cooler are free, but an attorney’s opinion comes at a price and if he or she makes a mistake out of ignorance or a lack of due diligence, it’s too often more than just an “oops.” A faulty legal opinion can be devastating to a business and to the all the lives connected to it, from the owner to the investors to all the employees and their families.

 We’ve talked about the issue of legal malpractice, and how its victims are just as deserving of legal representation and fair compensation as the victims of personal injury or wrongful death. The question that must be asked before pursuing a legal malpractice case is, “Did the attorney, in this case, meet the minimum ‘standard of care?’” If not, there may be grounds for a lawsuit.

Ohio civil litigation attorneys address a patent oversight

A recent case provides—unfortunately—a clear example of legal malpractice in business law. The client, Xpansion, Inc.*, was looking to bring an exciting new product to the market. Xpansion had hired a patent law firm to get its product patented and, thereby, gain the exclusive right to sell it. The company was charged a hefty fee by the firm to conduct the patent search and file the necessary paperwork.

Such a fee would normally be justified considering the time and effort involved in obtaining a patent—except in this case, the law firm failed do its job. It turned out that there was already “prior art” for this idea, meaning it was not free and clear to be patented. Xpansion’s attorneys should have caught this problem early on but didn’t. And, based on the faulty guidance it received, Xpansion revved up its manufacturing and distribution plans, investing millions of dollars in a product that ultimately couldn’t be patented.

It is the responsibility of a patent attorney to find instances of prior art in a preliminary patent search. With more than 300,000 patents granted in 2015 alone, it’s not unusual for a company or individual to come up with an idea that someone else has already patented, especially if that product doesn’t exist in the marketplace. If an idea can’t be patented, it’s best to know that before your company makes an enormous investment in its development and marketing. As you can see, there’s a lot riding on that attorney’s ability to correctly identify prior art.

Legal malpractice leads to civil litigation

Xpansion’s patent attorneys fell short of the “standard of care” in this case, and it nearly destroyed the company. It had to shut down for months and re-tool for the future. Hundreds of employees were laid off while the company regrouped.

Fortunately, instances of legal malpractice are relatively rare. But the effects can be enormous, financially and personally, to businesses and people alike. If you have been injured through legal or medical malpractice that calls for civil litigation, don’t hesitate to give us a call. We’re here to help.

*Names in this article have been changed to protect our client’s privacy.

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

 

Why We Pursue Legal Malpractice Cases

When you see a physician for treatment, you’re going into that relationship with a lot of trust. You trust that the physician has the expertise you need or will refer you to a specialist who does. Above all, you must trust that your physician knows and meets the standard of care established by the medical profession. If a physician fails to meet the standard of care, and his or her patient is harmed as a result, it could constitute medical malpractice.

The same dynamic exists between attorneys and their clients who’ve been harmed by legal malpractice. Luckily, our legal system provides a recourse for both types of harm.

It’s called legal malpractice

When you hire an attorney, you come into the relationship with two things: a legal issue that needs resolved and a great deal of trust in the attorney you are hiring.

How “good” is the attorney you’ve hired? You may have referrals from friends or business associates, people you believe you can trust. When taking referrals, consider how many attorneys the referrer has worked with to form a reasonable benchmark for comparison. You might ask how many attorneys they have seen in action?

In fact, there is no quantifiable way of measuring how “good” an attorney is or how one attorney stands competitively against others, the way you could say that one runner is faster than others in a race.

Much like you can’t measure prosecuting attorneys by convictions versus acquittals, you can’t rate civil litigation attorneys by their “batting average” in winning cases. All cases are different and nearly every case is subject to unpredictable twists and turns that make the idea of certainty very subjective.

So how is a client to know, when a case turns sour, whether the problem was legal malpractice? The idea of “standard of care” applies here, just as a similar standard applies to physicians.

What is legal malpractice?

Whether in civil or criminal litigation, legal malpractice occurs when a lawyer’s performance falls below the standard of care. “Standard of care” defines an attorney’s legal and ethical boundaries. It’s a “rule book” of sorts that defines what attorneys can and can’t do to advocate for their clients and what they are expected to do to protect the trust their clients have invested in them—and in the justice system.

The legal standard of care is a standard for competency, not for quality. An attorney can be competent according to the standard of care—doing everything he or she is supposed to do for a client—and still not be as knowledgeable, thorough, and creative as an opposing attorney.

That’s not legal malpractice. There’s no law against not being as good as the other guy and losing a case does not mean that legal malpractice was the cause (in fact, it rarely is).

But there may well be a case of legal malpractice when an attorney:

  • Misses deadlines in filing critical documents through ignorance, procrastination, or laziness
  • Damages a client’s case due to fraud or conflict of interest
  • Carelessly loses essential documents
  • Withdraws from a client’s case improperly (such as doing so without informing the client or the court)
  • Fails to know or to apply the law

These are just some of the triggers. Frankly, many law firms won’t touch this kind of case, but we believe we have a duty to help clients who have been injured by legal malpractice.

Serving justice by serving those wronged through legal malpractice

We’ve talked before about how to choose a civil litigation attorney. Doing that kind of basic research, either online or through the court system, can tell you a lot about an attorney. Face-to-face interviews—where you can learn what kinds of cases they have handled, how many, and what has made them successful—will go a long way to inform you about how they think, how they work, and how comfortable you will feel in extending your trust to them.

And though the process of vetting an attorney is well worth the effort when you consider what’s at stake, there is still no guarantee against legal malpractice.

When a client is injured by an attorney’s negligence, we feel strongly about taking on that case for the sake of the injured party. In a civil litigation case, justice may take the form of helping people get the compensation they need to rebuild their lives. In a criminal case, it may look more like making amends for months or years of a person’s life that’s been lost behind prison walls due to malicious prosecution or a neglectful defense.

If attorneys fail to perform to the minimum standard of care, don’t their clients still deserve justice? We think so. And we believe that others in our profession should be willing to step up and protect the integrity of the legal system we all depend on as well.

If you have been injured through legal or medical malpractice that calls for civil litigation, don’t hesitate to give us a call. We’re here to help.

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

Fighting Legal Malpractice for Immigration Justice

Every case and every client comes with a unique, and often compelling, story. This one, we’re happy to report, comes with a happy ending. But, when we first began this journey with our client, there was nothing easy or certain about it.

When you talk about the “best and the brightest” emigrating to the United States, Sandeep Chaundhry* and his family met that standard in every way. A hard-working IT professional who came to America legally, Sandeep had arranged, through the attorney recommended to him by his company, to have his work visa extended as required by law.

Legal malpractice creates an immigration nightmare

A unique aspect of immigration law is that on some occasions, an immigration attorney can simultaneously represent the immigrant and the entity sponsoring his or her visa. In this case, Sandeep’s company was sponsoring his visa. So, as the applicant for the extension, his company hired an attorney who in turn came to represent Sandeep as well.

We want to point out that it’s relatively rare for an attorney to have such “dual representation.” The question is: what happens when the company and the immigrant have competing interests? Where should the attorney’s loyalties lie?

Sandeep did everything he was supposed to do to keep his status current. His attorney, unfortunately, did not. Because of the attorney’s missed deadlines, Sandeep and his wife were being threatened with deportation back to India. And to make matters worse, the couple could have been deported without their two young sons, who were both American citizens.

For Sandeep and his family, the American dream had spiraled into a legal and bureaucratic nightmare—one fueled by the lies and negligence of others.

Seeking protection and justice through Ohio civil litigation attorneys

This is when Sandeep came to us for help. He was forced into unemployment because of the uncertainty of his immigration status. Unable to work, and at the mercy of his attorney, he and his family depleted their savings account and were forced to charge basic living expenses to credit cards. He was exhausted from stress and gaunt from limiting himself to one meal a day to ensure his children would be fed.

We were certain that Sandeep had been the victim of legal malpractice. We also discovered evidence that his employer had been warned about his immigration status but had failed to alert him. Instead he consistently received lies and false assurances from his attorney and his company.

We initiated lawsuits against them both.

Two victories that changed everything

Both sides denied any complicity in the Chaundhry family’s woes and blamed the other party. But the evidence said otherwise. Ultimately, we were able to win significant settlements from both defendants.

The immigration attorney whose negligence set the whole thing in motion initially denied any wrongdoing. Eventually, that attorney agreed to provide a Lozada affidavit: an admission that the client had been diligent in his efforts to fully comply with immigration law and that he—the immigration attorney—had been responsible for the Chaundhry family’s problems with immigration authorities.

From Sandeep’s former employer, we sought a significant financial settlement, one that would not only compensate Sandeep for two years of unemployment but also for the significant loss of income that he would have to face by being forced to return to India.

Immigration law provides that, because he had failed to file properly for a legal extension and had overstayed his visa (on advice of his immigration attorney), Sandeep would be barred from returning to the United States for ten years. What he could earn in India was a fraction of his earning potential in the United States, and we built that difference—as well as the expenses associated with deportation—into the settlement we ultimately reached with the employer.

The settlement provided much-needed financial relief for the Chaundhry family, but it couldn’t prevent their deportation. We had been advised of that early on and openly shared that reality with Sandeep.

To India and back

The Chaundhry family (including, thankfully, the boys) were forced to return to India but maintained the hope of one day coming back to America. Sandeep loved this country and what it stands for. He appreciated the professional opportunities it offered him, and he wanted his sons to be raised and educated here.

A couple months after resettling in India, Sandeep wanted to begin the process of attempting to return to the United States. He went to the U.S. consulate and presented all the documentation from his case, including the Lozada affidavit.

Then he was stunned.

The consulate officials looked at his application and his evidence and stamped approval for his return to the U.S., waiving the ten-year waiting period. He found an employer who would sponsor him for a green card, giving him the right to permanent residence and, eventually, the opportunity for naturalization.

Sandeep is working again in the United States. His family is now living in Des Moines, Iowa and we keep in regular contact.

If you have been injured through legal or medical malpractice that calls for civil litigation, don’t hesitate to give us a call. We’re here to help.

*Names in this article have been changed to protect our client’s privacy.

 The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

One School’s Negligence Perpetuates Teacher Misconduct

As Ohio civil litigation attorneys representing injured children, we have learned that “injury” has many different forms. Sometimes wounds are obvious—in other cases, the pain is emotional and less obvious, but no less damaging to young victims.

This is especially true where parental or teacher misconduct is involved. Sometimes, the mental and emotional damage caused by the wrongdoing can be further exacerbated by shame or perceived reputational damage when the identities of victims are made public.

In the case described below, it was our responsibility to bring teacher misconduct and its harm to light—and do so without causing further harm to the victims.

A well-loved teacher crosses the line

Our firm represented the families of several young girls who had been victimized to varying degrees by their elementary school teacher, Matt Dixon*. Mr. Dixon was beloved by his students and well-respected by the school system and fellow faculty members. Fortunately (in this case), the abuse did not extend to direct sexual relations with the students. Suffice it to say that Mr. Dixon’s relationship with the girls still fell dangerously outside the realm of normal classroom interaction and his actions exceeded what would be considered acceptable behavior between a teacher and school-aged girls.

What’s more disturbing, is that these were not the first incidents of teacher misconduct Mr. Dixon had been involved in.

Avoiding the warning signs of teacher misconduct

Even in his previous position at a different school, there were accusations made against Mr. Dixon of engaging in inappropriate behavior with female students. Like many predators, he identified particularly vulnerable girls and groomed them to become increasingly receptive to his “special” attention: holding them, flattering them, bringing them to his home, and engaging in after school activities with them without parental knowledge. Once groomed, he continued personal, out-of-school relationships with the girls throughout grade school, though they were no longer his students.

For nearly a decade, Mr. Dixon thrived in the classroom despite parents’ reports of misconduct. He had an outstanding record in the classroom and was very popular among his peers and students. Because of his reputation, the school system failed to recognize the signs of his inappropriate behavior. The school’s attitude was that such an accomplished teacher would never do anything to jeopardize the well-being of his students.

Though the school was aware of these reports, it continually dismissed them and no official documentation was ever added to Mr. Dixon’s file.

A civil litigation resolution without further child injury

When we were approached by the families, we set to work immediately to resolve the issue in a way that best suited their needs, including protecting, as much as possible, the anonymity of the girls involved.

That meant first taking steps that would avoid a lengthy—and very public—lawsuit.

Once we gathered the facts of the case (including recovering video tapes of some of Mr. Dixon’s activities with the girls), we determined that the best way to protect the confidentiality of the students and their families was to negotiate directly with the school system. Instead of a day in court, the parents desired confidentially. They wanted to challenge any claims of ignorance on the part of the school system and compel it to accept responsibility for its inaction and failure to protect the children entrusted to its teachers.

We met multiple times with the superintendent, presented a list of demands, and talked through the issues of the case.

Ultimately, we were able to avoid filing a public lawsuit by negotiating a pre-suit resolution that brought about settlements between the school board and the families, and dismissal of the teacher. (He was subsequently convicted of criminal charges and is serving time in prison.) The negotiations also resulted in policy changes to the school system’s guidelines in order to more efficiently identify teacher predators and protect vulnerable students.

Protecting children’s futures

Civil litigation cases involving children require great sensitivity in terms of the long-term impact on the families and victims involved. Cases such as this one need additional care to preserve, as much as possible, the privacy of the victims.

The daughters of the families we represented were able to maintain their anonymity, remain in the same school, and resume their normal lives as children and students without being labeled as victims of sexual abuse.

The parents, meanwhile, were able to express their justifiable outrage with the school authorities, effecting changes in school policy that were necessary and reasonable.

In the end, justice was served in multiple ways. First, by protecting our clients’ children and halting their teacher’s behavior. Also, by helping to make schools safer for future students (this latter point is also therapeutic for the families whose lives had been upended by such a significant breach of trust). This multi-faceted result is the kind we strive to achieve for all our clients and their families.

If you require assistance with an injury or wrongful death case involving a child, don’t hesitate to reach out. We’re here to help.

*For the protection of the children involved, names of any participants in this case have been omitted and certain details have been withheld.

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

Ohio Civil Litigation Attorneys Act Quickly to Fight Disability Discrimination

Civil litigation isn’t only about seeking compensation for damages. It can also serve the purpose of preventing damage by using the power of more immediate protections such as temporary restraining orders and preliminary injunctions. These legal tools can help keep a precarious situation from getting worse. The case that follows illustrates just how important those protections can be.

A therapy dog’s purpose

Madeleine, a sophomore at The Ohio State University, required the assistance of Cory, an 8-year-old service dog, to help her deal with panic attacks severe enough to restrict her breathing and, at times, render her immobile. Madeleine trained Cory specifically to help her cope with panic attacks.

Because Madeleine needed Cory to be with her at all times, she filed the proper paperwork with the university to allow her to have a service dog accompany her on campus. She also sought—and received—approval for Cory to stay in the Chi Omega sorority house where she planned to live during the school year.

Complaints and an arbitrary decision

But another resident of the sorority house objected, complaining that the dog’s presence in the house triggered her allergies.

Unable to resolve the issue amongst themselves, the students sought a decision from the university. Unfortunately, the university arbitrarily ruled in favor of the other sorority sister because she signed her lease first.

This carelessly made decision did not reflect the guidelines established under the Americans with Disabilities Act (ADA). Madeleine’s affliction was a disability, and Cory’s presence was a medically accepted therapeutic aid—precisely the kind of aid the ADA was enacted to protect.

Living without Cory was not an option for Madeleine, neither was moving out of the sorority house. As a chapter vice president, she was required to reside in the sorority house to fulfill her duties. In addition, moving to campus housing would diminish the value of her college experience.

The university offered Madeleine no opportunity to appeal its decision and she was given a deadline by which to decide: leave with Cory or stay without him.

And decide she did—to pursue another course of action.

A clear case of disability discrimination

When Madeleine came to us, it was clear she had an urgent need to have her rights recognized and honored.

According to the guidance and regulations set forth by the ADA, an animal allergy does not provide a valid reason for barring a service animal like Cory from the premises. In addition, there was insufficient medical documentation to support the other student’s claims of an allergic reaction to the dog.

We approached the university about these discrepancies, but the ADA coordinator would not revisit the decision to compel Madeleine to remove the dog from the house. So we filed a lawsuit to protect Madeleine’s rights.

Time for a temporary restraining order

The biggest factor working against Madeleine’s case was time. A discrimination lawsuit would require months to resolve. By then, the school year would be completed and winning the case at that point wouldn’t do Madeleine much good.

We sought a temporary restraining order (TRO) to prohibit the university from removing Madeleine or the service dog from the house and disrupting her academic year. A TRO is essentially a “time out” that keeps everything in place for a short period of time. In this instance, it prevented the university from removing Madeline and Cory from the house. But a TRO is just what the name implies: temporary.

So, we also filed for a preliminary injunction to maintain the status quo of Madeleine’s situation until a final court decision could be rendered. It involved preparing the case—conducting discovery, reviewing appropriate case law, and interviewing potential witnesses. It was the only way to protect Madeleine’s rights and ensure that she received the college experience she deserved.

Justice through a preliminary injunction

The hearing for the preliminary injunction took a day and a half. Madeleine was there for the duration, with Cory in her lap. In the end, she was able to leave with good news: the preliminary injunction was granted, ensuring that she and Cory could remain in the sorority house until the trial was completed—and more importantly—until the rest of the school year was completed.

That injunction in itself was a “win” for Madeleine. There would be no trial, as the situation that had generated the need for a lawsuit would change with the close of the school year.

But there was a bigger issue that both Madeleine and our civil litigation attorneys recognized: the ADA exists to protect the rights of disabled citizens, but that protection is only as good as the commitment of those responsible for enforcing it. When that commitment gives way to expedience, the result can easily lead to disability discrimination. To its credit, the university came to recognize that.

As part of the settlement, the university agreed to allow Madeleine to participate in policy discussions regarding how the university would accommodate service animals for students in the future. Bringing the perspectives of students with disabilities into those discussions demonstrates a willingness on the part of the university to protect the spirit of the ADA and do what’s best for its students.

Everyone’s rights deserve to be observed and respected, and we’re willing to do what it takes to fight for that equality on behalf of our clients.

If you find yourself in a situation that involves disability discrimination, don’t hesitate to reach out to us. We’re here to help.

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.

Tips for Finding the Right Civil Litigation Attorney

Most people who find themselves in need of a civil litigation attorney have one thing in common: they are overwhelmed. In addition to facing immediate financial burdens as a result of malpractice, personal injury, or losing a loved one, they are engulfed in feelings of fear and uncertainty, or even intense grief.

Amid all that anguish, victims are expected to find an attorney who will guide them through the intricacies of the legal process to achieve their objectives. But where do they begin? What criteria make one lawyer not only better than another, but better suited for a particular client in a particular situation?

Whether you’re currently in a situation that requires civil litigation or are just the kind of person who likes to be prepared, we have some suggestions on how to select the right attorney.

Look for civil litigation attorneys who genuinely listen

The first step in the civil litigation process is usually the same: you meet with an attorney, discuss the details of the case, and the attorney does an evaluation on whether litigation would be successful.

In that initial meeting, you, as the prospective client, should do most of the talking. The attorney’s role is to ask questions and listen.

Most attorneys will offer an initial consultation at no charge (if they insist on charging for that initial meeting, you should probably move on). That consultation may require only 15 minutes or so, but to fully understand your case and needs, it could take an hour or more of careful listening. Essentially, the meeting should last as long as it needs to.

After that first session, ask yourself these questions: The attorney might have been “hearing” me, but was he or she really listening? Was the attorney genuinely engaged in what I was saying? Was the attorney taking notes and probing for more details? Was the attorney’s focus on me and my needs, or on the clock?

The answers to those questions can say a lot. It’s been our experience that attorneys who listen and invest their attention in prospective clients are far more likely to stay attentive throughout the life of your case.

Look for civil litigation attorneys who will go the extra mile

Cases are as different and individual as people. Some are tougher than others. Some are more complicated and demanding. As a result, sometimes lawyers can’t accurately project how many hours and resources will be needed.

That’s why you want an attorney who is willing to go wherever the case leads and won’t simply follow the path of least resistance (for a quick settlement). Ask the prospective attorney about cases that turned out to be more complex than initially anticipated. Ask for examples where the attorney demanded more from obstinate defendants, or had to find a “creative” approach to win over a jury or convince the defendant to agree to more equitable compensation.

Look for civil litigation attorneys who know when to say ‘no’

There is something to be learned by asking attorneys which cases they don’t take on. Will they take on types of cases they’re not experienced in? (Our Ohio civil litigation attorneys are experienced in in wrongful death, personal injury, business, and legal and medical malpractice cases.) Will they decline a case because it doesn’t look easy or lucrative enough? Or do they turn nothing down?

That last one could actually be a red flag for prospective clients. It often isn’t in the best interest of clients to pursue cases that, for one reason or another, have little chance of succeeding, or don’t really involve civil litigation issues. For example, we recently met with a woman whose adult son died from head injuries sustained when he fell off the back of a pickup truck. The death was ruled accidental, but the mother felt strongly that the police investigation hadn’t been properly conducted. We understood her pain and anger, but it wasn’t a case that could be resolved by civil litigation. In this instance, we referred her to more appropriate resources that could potentially help her pursue her suspicions.

That’s what responsible attorneys should do. Whether through providing referrals or offering a sympathetic ear, we aim to help people who approach us, even if the answer isn’t litigation.

Look for civil litigation attorneys who understand the need for healing

Lastly, there are attorneys who look at a case almost exclusively in terms of the potential size of a monetary settlement. But for many victims, money isn’t enough to compensate for the damages they’ve incurred. Often the victims or survivors want to find answers and meaning in a tragedy that should never have happened. To that end, ask prospective attorneys whether they’ve ever successfully negotiated settlements that, beyond financial compensation, involved policy changes. Were they willing to negotiate for changes that would help correct the conditions that caused their client’s injury?

Civil litigation is about beginning the healing process. Attorneys who care about advancing that process tend to listen better and go further for their clients. If your initial consultation suggests to you that an attorney can’t meet those basic obligations, you have every reason to continue your search.

If you find yourself in a situation that involves malpractice, personal injury, or a wrongful death, don’t hesitate to reach out to us. We’re here to help.

The outcome of any client’s case will depend on the particular legal and factual circumstances of the case.