May 4th, 2012 – Tipp City, Ohio – As a part of the 2012 Ohio State Bar Association’s (OSBA) annual convention, local attorney Mark Bamberger presented to his peers his publication entitled, A Litigator’s Guide to Fitting Animals into Environmental Law, a paper which deals with primarily the fact that animals in Ohio find very little protection under the law.

Dr. Mark Bamberger proffers that those litigating in support of animals in the State of Ohio must think creatively in finding strategies and tactics in order to protect Ohio’s animal populations.

Within the Extract, Bamberger relates “Environmentalists have always been a little tone deaf when it comes to valuating environmental resources; including the value of preserving herds of animals”.

About the 2012 Ohio State Bar Association Annual Convention

As a part of the convention each year, the Ohio State Bar Association provides attorneys with an opportunity to not only learn in small peer groups, but also collect Continuing Legal Education (CLE) credits in a classroom setting. At this year’s convention, more than 825 attendees were able to take an opportunity to learn from the most notable of Ohio’s legal specialists, respected for their work in and out of the courtroom.
Dr. Mark Bamberger shares, “The OSBA conference is really a great opportunity to network and to learn from those who specialize in their fields. The sessions provide us with a multitude of topics to choose from including consumer protection, litigation, corporate compliance, family law, estate planning, M&A, and of course my favorite topic, animal law”.

About Mark Bamberger

Dr. Bamberger received his BA from Miami University, his MS from Wichita State University, his PhD from The Union Institute, and his JD from Capital University Law School. His professional memberships include the Ohio State Bar Association and the Dayton Bar Association. Dr. Bamberger has worked as an environmental educator, hydrogeologist, contaminant geochemist, and hazardous waste remediation supervisor, law advisor, and environmental law specialist. Since 2009, he has owned and operated his firm, a general practice law firm with offices in Tipp City, West Chester, Enon, and Spring Valley.

Dr. Bamberger’s passion in legal practice is animal law, and he currently serves as general counsel for a number of small and large animal rescue and/or advocacy organizations. He has served as lead attorney on several large civil actions in Ohio against groups who have harmed or killed animals.

Mr. Bamberger is a benefactor and legal advisor to the Wolf Creek Wolf Habitat & Rescue, Inc., in Brookville, Indiana. Before his shift from environmental consulting and teaching into law, he worked in environmental consulting and taught as an adjunct professor of geology and environmental science and advised students at more than seven universities for more than 22 years, including Miami University, Capital University, Wichita State University, SUNY-Binghamton, Eastern Connecticut State University, and The Union Institute.

Dr. Bamberger taught in various sub-disciplines, including but not limited to, environmental history and philosophy, hydrogeology, contaminant geochemistry, and American presidential history. He also worked for the Connecticut DEP in their hazardous waste enforcement sections and the Ohio EPA in their drinking and ground water section, as well as several major environmental and nuclear consulting firms in Connecticut and Ohio.

Dr. Bamberger can be reached at (877) 644-8181 (office), (937) 405-1491 (fax), or via email at mark@bambergerlaw.com.

Mark J. Bamberger, Esq., Owner/Attorney at Law

THE MARK BAMBERGER CO., LLC

Offices in Tipp City and Enon (both near Dayton) and West Chester (near Cincinnati), Ohio

As is common in many states, there are generally three ways to end a marriage in Ohio.  From easiest (and often least expensive) to often ugliest and most costly, they are: (1) non-contested divorce; (2) dissolution; and (3) contested divorce.  In each case, the same legal forms are indicated and are determined by county.  One of the biggest reasons to retain legal counsel in any of these situations in Ohio is that each county is different and some counties are very different indeed.  The wrong forms or formats can add many months and many thousands of dollars to the end of a marriage.  Even with trained legal counsel, this process can be time-intensive and tricky.  Though people legally can “do it themselves” (termed “pro se”), it is often best to pay the money to get it done efficiently, completely, and with finality. This is especially true where minor children are involved.  Courts often have little patience for pro se litigants making mistakes and “ignorance is never an excuse under the law”.

Without children, in most Ohio counties the necessary documents include: (1) the complaint for divorce; and (2) the separation agreement.  With minor children, add on several additional forms and a shared parenting agreement.  Whether custody will be full, shared, or joint, there are details to be completed.

Non-Contested Divorce

A non-contested divorce is just that; not contested.  In this form, the represented Plaintiff fills out the preliminary paperwork and then serves the forms and prepared documents upon the Defendant. Once service is perfected, the Defendant has three options: (1) contest or fight the complaint; (2) sign off and not contest; or (3) do nothing.  In the latter two cases, the court will allow the allotted 28-day answer period; then schedule the case for a final, non-contested hearing.  In that case, the Defendant need not even appear at the final hearing.  The Plaintiff appears with a witness to testify and attest that: (1) they know the Plaintiff; (2) the Plaintiff has resided in Ohio at least 180 days; (3) the Plaintiff has resided in the subject county for at least 90 days; and (4) the Plaintiff and Defendant meet the cause of action claim used for the divorce (e.g., incompatibility, residing apart for at least one contiguous year, gross neglect, etc.).  Non-contested divorces can be the fastest and least expensive option for ending a marriage in Ohio; as long as they stay non-contested.

Dissolution

A dissolution happens when both Plaintiff and Defendant decide on everything and decide those terms together and in (relative) harmony.  One attorney handles the paperwork for both parties, but can only represent one of the parties.  The other party is dealt with honestly and openly, but must represent him- or her-self pro se.  Once the dissolution is approved by the court, both parties are responsible for what they signed; represented or not.  Dissolutions can be as fast and inexpensive as a non-contested divorce.  The concern with dissolutions is that if at any point there is divergence of wants and desires, the case can quickly become contested (and contentious).  At that point, it is the ethical obligation of the attorney to end negotiations, tell the unrepresented party that the case has become contested, and recommend he or she retain private legal counsel of their own.

Contested Divorce

Finally, a contested divorce is just what you would expect; a fight!  These can become ugly; with children used as pawns in a nasty chess game and the two sides fighting over the silverware.

These three pathways are not mutually exclusive.  In other words, a non-contested divorce or dissolution can become contested and, in rare cases, a contested situation can end quietly and equitably.  The bottom line is this: the best thing a divorce attorney can do is to evaluate the situation and help his or her client decide which path to take for maximum gain and minimum pain in a situation usually defined by pain and heartache.

Mark J. Bamberger, Esq., Owner and Attorney at Law

The Mark Bamberger Co., LLC

Offices in Tipp City (Dayton), West Chester, and Enon, Ohio

To divorce or not to divorce; that is not only the question, but often the life choice. The painful and agonizing decision to separate one’s life from another that they once loved, if not cherished, can be the worst of the worst of times. Even in today’s challenged economy, the decision to get a dissolution or divorce is often the hardest decision someone has to make in their entire lives.

Our parents used to say that we “stayed together for the kids”. However, our culture came to realize that two functional homesteads were often better for the kids than one dysfunctional one. Although separation is a traumatic and very complex condition, there are additional legal considerations that make it even more complex. It is my job as their legal “counselor” to help them weigh all the options. The word “counselor” is apt since in those trying times I seem to be more emotional support mechanism than attorney.

In many cases, the other party in the divorce is represented by counsel, which makes my job a lot easier. It is usually far easier and more efficient to deal with another professional and clear-thinking attorney to get a divorce completed. In some nightmarish scenarios, the other side represents themselves “pro-se” (by themselves). This can be painful since the other side is often too arrogant, too prideful, and/or too poor to retain counsel. There’s a reason we go to law school and have to pass a 20-hour bar exam!

So many times, we at The Mark Bamberger Co., LLC deal with divorce affiliated with bankruptcy, or civil litigation, or even criminal defense. We try to counsel those retaining us for their divorce representation that all these other myriad issues may also come into play. Often, filing a bankruptcy is the best way to get out from under staggering debt that could haunt each of the divorcing parties and their progeny for a generation to come. We tell our clients that if they file bankruptcy on joint debts (those held jointly between both spouses), the creditors will visit their harassment and court actions on the other soon-to-be-ex spouse. Not all of our clients are upset at that prospect. In many situations, bankruptcy (especially under Chapter 7 of the bankruptcy code) allows a “new start”.

Some of our clients favor a dissolution; where both parties sit down and decide issues like parental custody, parental visitation, child and/or spousal support, and personal and real property separation. This can be a civil, reasonably fast, and inexpensive way to divorce in Ohio and most other jurisdictions. Others will attempt a non-contested divorce, where my staff prepares the documents and terms for our client. Here, we file the necessary materials with the court and perfect service to the Defendant (other spouse) to make sure they received the documents. The Defendant then has 28 days (in reality much more) to either do nothing, agree, or contest the terms. If they contest, it becomes a contested divorce, which needless to say is the most expensive, time-consuming, and often painful option. We have had many cases that began non-contested or a dissolution, then became contested (read “ugly”). Not often do they go the other way, but it can happen,

The bottom line is this; divorce is complicated; emotionally, financially, and legally. We at The Mark Bamberger Co., LLC try to counsel our clients about the inter-disciplinary aspects of divorce and help them navigate through some of the most traumatic and painful months of their lives. It is never easy, but usually the sun does shine after the rainfall of tears has stopped.

MJB 4/11

It’s great to win a case!  Whatever type of case it is, it is great to win.  The clients are happy, justice is served, and The Mark Bamberger Co., LLC gets paid.  What’s wrong with this statement?  Should payment be dependent on whether an attorney wins the case?  In almost all cases the answer is “no”.  We put tremendous passion and effort into our cases.  Many times we win and there are toasts of whiskey all around at TMBC.  However, the losses are often twice as painful and personal as the victories are sweet.  The ultimate determination of the court either in our clients’ favor or in opposition does not change the time we spent or the passion we exerted toward the case.

In these difficult economic times, some clients weigh their commitment to paying their bill on the outcome.  A recent article in the Dayton Bar Association’s Bar Briefs recommended that attorneys bill by the quality of their work, not the time spent.  In this business owner/attorney’s opinion, that feeds right into this vice.  We as legal counsel work hard for our clients, at least we ethical ones do.  We bring years to decades of experience and expertise to the table for our clients.  Our clients must realize that the outcome of their case does not change their admitted commitment to pay us for our time and effort.

We at The Mark Bamberger Co., LLC have always tried to do a consistently high level of pro bono (unpaid) work for those in need.  I do a number of divorces and other cases per year for people who cannot otherwise pay, but are in dire need of legal assistance.  It should be noted that there is a difference between pro bono work and what I term “involuntary pro bono work” (a.k.a. working your butt off and not getting paid).  When I sign an agreement with a client, I expect to do my level best to represent them as they commit to do their level best to be open and honest with me about themselves and their case and further to pay their bill.  That sounds fair…right?

We can debate endlessly the political and economic ramifications of the bailout given to the major banks to pay them out for their greed and bad deeds.  Many historians believe that the government’s decision to take the opposite course of the Hoover administration in the late 1920’s was the right move, regardless of how distasteful it was to most of us.

However, regardless of your opinion here, one thing was clear.  The bailouts approved by the Bush administration and followed up by the Obama administration came with strings attached.  Those same major banks were told to bend over backwards to work with home owners in foreclosure and/or bankruptcy to stay in their homes.  The deal was that the banks got the money but had to implement programs to help people lower their monthly payments via lower interest rates and forgiven non-payment.  One option for folks is the “Home Affordable” (HAMP) program.

Sadly, as many of the clients working with The Mark Bamberger Co., LLC are finding out the hard way, HAMP and the other programs is a shell game.  The banks have apparently colluded in their efforts to make success in these programs virtually impossible.  In so many cases, paperwork is lost…over and over.  Information has to be updated…over and over.  Then in the end most clients are denied anyway.  In the alternative to working with clients, the banks seem even more obstinate and contrarian and our clients are suffering more than ever.

What can be done?  More and more stories are being written and reported about this scan and the pressure is building on these greedy multi-national corporations.  The Mark Bamberger Co. LLC has implemented a number of civil lawsuits against these banks for fraud and other bad-faith dealings. Further, TMBC is ever-more vigilant at checking mortgage documents to look for fraud and confirm the validity of the signing documents.

The bottom-line is this; the mortgage lenders are NOT your friends.  They should be viewed with constant skepticism and viewed as enemies; be cautious and be vigilant!

Mark J. Bamberger, Esq.

The Mark Bamberger Co., LLC

Positive client references and referrals are an important part of the Bamberger practice of law. Mark Bamberger teams his skill as an attorney with his desire to serve as his clients’ advocate in court. With his strong understanding of civil, employment, bankruptcy and environmental law, Mark confidently represents his client both in and out of court.

His clients are very comfortable with Mark as he gently walks them through some very difficult and trying times in their life. Here are just some examples.

When Representation is a HUGE Victory

My name is Joe DeLory. Up until a couple months ago I was in serious despair about a conspiracy situation I am involved in. I contacted over 20 attorneys for help with my case and was denied by everyone. After five weeks of desperate searching and sinking into severe depression, the Dayton Bar Association referred me to their second recommendation, after their first failed to represent me. I went to Dr. Bamberger’s office in TIpp CIty ready for the same “sorry I can’t help you” response I had gotten too many times over my mountainous search for representation. Mark saved my life on my visit. Well, in a sense, since my health was in serious jeopardy from my stress of the situation. Many people feel “victory” is winning in court or getting a huge sum of money. To me, just getting representation was a HUGE victory. Not just that, but on a contingency as well! Since I am not a millionaire, there was no way I could have afforded a big retainer for a good attorney. I feel very confident in Dr. Bamberger’s work to get me the justice I deserve, and we ALL deserve. Thank you Mark!

Joe DeLory
Submitted Comment

Bankruptcy: A scary road when you have always had good credit.

Unfortunately we had to file for BR and was scared to death–we had very good credit before our loss of income and two wrong investment decisions. It was very embarrassing and hard to accept, but Mark made us feel at ease and he explained what was happening, even though final closure has not happened yet. When I would call Mark or E-mail him he would respond as soon as him was able, even when he was on vacation. We would highly recommend Mark and will continue with him if needed in the future.

Andrea & Gerald
Englewood, OH
12/09 to present

A Confident Voice

In the initial contact with Mark Bamberger, the pressure off was a huge relief. I had made more than a dozen calls to attorneys that said I had a potential case, but was not interested in it do to the extent it would take to win. Mark assured me of the success rate, but was very adomit about his confience in his ability. He made me feel as if he was attached personally in my situation and gave me sense of security in following through with my initial feelings. With Mark assuming the mediator roll and looking out for my best interest; I am better equipped to deal with and continue living my normal life. Thank you Mark and hopefully we can celebrate this victory.

RobLawJr
Submitted Comment

Bankruptcy: Scared me to death

Unfortunately I had to file for bankruptcy and was scared to death.  Mark explained all options to me and made sure I understood everything.  Once we decided what road to go down Mark walked me thru every step.  Anytime, I had questions I called and he promptly returned my call with an answer.  this was not the best time of my life but I could not recommend a more qualified or compassionate person to represent me.

Sincerely,

Chris
Centerville, Ohio
retained 10/2008

Bankruptcy: Completely confident

Mark was very helpful to me with my Bankruptcy.  This was a difficult time for me, and he was always available to answer my calls and explain everything to me in great detail.   I always knew what was going on with my case and felt completely confident in Mark’s ability to bring this chapter of my life to a rapid close.
I would highly recommend Mark Bamberger  to anyone needing a fair, honest and respectable attorney.

Robin
Tipp City, Ohio
retained 4/2009

Environmental Law: A good and honest attorney

Mark Bamberger helped us through an environmental lawsuit from Nov 2008 thru March 2009.

When I met with him I was so distraught over the lawsuit against us. Mr. Bamberger was able to get to the bottom of the situation and get the party to drop their lawsuit against us.

Through his questioning process he managed to get the party to realize that they did not have a case against us and no damage to their property had occurred at all.

I found Mr Bamberger to be very thorough with his responses to the lawsuit and quoted many other similar cases to make our case stronger.  We did go after a Slander suit against the other party, but the judge dismissed it before we had a chance to go to court.  She was up for renewal and wanted to remove all cases off her books apparently.

I also had a small claims suit against another party for damaging our property and he managed to get the other party to pay for all the damages and filing costs.
I highly recommend Mark to all my friends if they are ever in need of a good and honest attorney.

Rose
Miamisburg, Ohio
retained 11/2008 thru 3/2009

Civil Litigation: Work hard on my behalf

I retained Mark in August, 2009 to represent me in a civil litigation.  My case has not yet been resolved but I feel Mark has represented me well.  He is bright, energetic and compassionate. He is prompt in returning my calls and answering any questions about the case.  I am confident that he will continue to work hard on my behalf when the case goes to trial.

Linda
Vandalia, Ohio
retained 8/2009

As if filing bankruptcy was not tough enough…

Clients walk into the offices of The Mark Bamberger Company with some dreadful problems.  One of the more common is the threat or ongoing nightmare of a foreclosure.  In some cases, their lender is saying it is right on the horizon.  In more cases foreclosure has been commenced.  What is important to know is that the filing of a foreclosure complaint is only the first step of a long process; ending in a sheriff’s auction sale of the property out from under my clients.  This process can take between three and 18 months; depending on how vigorously the client fights, how clever their attorney is in stalling for time or negotiating a refinance or loan modification, or how badly the lender really wants the property.

The Automatic Stay

Often I am asked how foreclosure ties into bankruptcy.  Whether the bankruptcy is under Chapter 7 or Chapter 13, the answer is roughly the same.  Filing bankruptcy puts ALL pending or ongoing legal action “on ice”.  This is legally termed the “automatic stay”.  The only way a creditor gets out of this is to wait out the discharge of the bankruptcy or move the bankruptcy court for relief from the automatic stay; which often takes about as long as the bankruptcy itself.

Never Surrender

Bankruptcy CAN be an efficient way to stop a foreclosure long enough to negotiate a deal with the lender.  Before the filing of a bankruptcy petition, the lender has all the power.  After filing the petition, the debtor gains some power since they can choose whether to keep or “retain” the property or give it up, called “surrender”.  Even if the debtor says they want to keep it; five minutes and an amendment to the petition can change the outcome.  What that means is that the lender gets the property; with all the debt and non-performing loan that goes with it.  They generally do not want that, no matter how nice the house is, since they are inheriting debt; plain and simple.

So much for mandated loan modification

Unfortunately, as has been reported on the national news, the major lenders took billions in federal bailout money; only to go back on their promises to make loan modification easier.  Sometimes they seem to be cutting of their nose to spite…my clients!  The bottom line is this – a bankruptcy can be used as leverage, but never guarantees success in a client keeping their home!

Mark J. Bamberger, Esq., Owner and Attorney at Law

The Mark Bamberger Co., LLC

Offices in Tipp City, West Chester, and Enon

The Economy appears to be improving; at least that is what the numbers and news broadcasts relay.  However, many of our clients at The Mark Bamberger Company see people who continue to suffer pain.  As I related in a previous article, many experts report a second wave of foreclosures and resultant Chapter 7 and 13 bankruptcies due to a second expected bounce in some adjustable rate mortgages.

Many of our clients are still either unemployed or severely under-employed.  Many of them continue to see mounting bills they cannot pay.  Home mortgage lenders seem to be “cutting off their nose to spite their face”, by taking billions in government bailouts; then openly imposing obstacles to mortgage modifications.  Additionally, finance charges and late-payment penalties are making creditor payments harder than ever.

What is the answer?  There is no standard answer for everyone; but with planning, families can avoid the pitfalls of the still-hindered economy.  Bankruptcy may be a good option; but before that decision is made, debtors should meet with their attorney; be it me or someone else, and do a global assessment of their financial situation.  Specific questions to ask, among many others, include:

1. Is my house safe from foreclosure or loss in a bankruptcy?  If my house is in foreclosure, how far in is it (from initial complaint through final sheriff’s sale)?
2. How much equity do I have in vehicles and other big-ticket real and personal property?
3. How much unsecured debt (e.g., credit cards, medical debts, and personal loans) can be discharged in my bankruptcy?
4. Can I afford to pay for a bankruptcy?  This is often easier than many think since they can be economical, paid off through monthly payment plans, and paid from the money not paid to unsecured debt during the bankruptcy period.

Above all, don’t panic; there are almost always options.  Empowerment comes from taking control, even if the situation appears dubious!

MJB  7/3/10

We get clients come into The Mark Bamberger Co., LLC almost daily with perfectly good (sounding) cases. They have been wronged! There is little doubt from the passion of how they relate their story that they have been wronged; and further that they indeed deserve justice in an Ohio or Federal court. My staff and I listen to client cases and empathize. But remember the old adage “…if you want a friend, buy a dog”? Welcome to our system of justice; in all its splendor and candor. Although Lady Justice is blind and wielding a sword along with scales; if you look closely, she is also bruised, cut, and bleeding.

This is not easy business. The rate of alcoholism is about as high for attorneys as for any other profession besides professional drinkers and bar flies. It is hard to be empathetic and supportive on one side, but also equally realistic about the odds of winning any particular case on the other. The difference between “being wronged” and being able to prove in a court of law (be it criminal, civil, or domestic) that a client was wronged to the proper legal standard is no business for the faint of heart.

I tell my staff that the most important aspect of being a good lawyer (besides basic competence) is the ability to tell the truth. That means not only telling the truth to judges or fellow attorneys, but perhaps hardest of all telling the truth to crying clients who plead for the “launching of their judicial armada”. The litigation process is long and painful. Having said that, when there is a case to be won, we here at The Mark Bamberger Co., LLC go after the bad guys with passion and all the weapons at our disposal. The joy of that is that we usually represent the “little guy” against corporations, governments, and so on. The victories are sweet and we have won far more than lost. But loss is part of the equation that must be considered throughout the litigation process (see past articles on civil litigation and criminal defense).

The bottom line is that all clients want a legal champion, but at times what they need is the straight truth about the pros and cons of their case and a candid analysis of the chance of victory. If their definition of victory is realistic, we can often make it happen.

MJB 4/14/10

Competent DUI Lawyers

If you or a family member are currently facing a Driving While Intoxicated charge, you may require the specific expertise of a competent DUI lawyer to guide you carefully through the drunk driving judicial process.

Drinking and Driving

Drunk driving, DUI and DWI are common words in our every day speech, which should tell us about the extent of this growing problem. DUI defense council will tell you that the term drunk driving has many official names including, DWI (Driving While Intoxicated), DUII (Driving Under the Influence of Intoxicants), OMVI (Operating Motor Vehicle Intoxicated), and OUI (Operation Under the Influence), and similar acronyms OWI, DUIL, DWUI. For our use going forward, DUI (Driving Under the Influence) will be used. Thankfully, you’ve found the legal professionals to assist you through your DUI proceedings.

Skilled DUI Attorneys

Certainly, hiring an experienced DUI lawyer is your best decision and ought to be your first move after being charged with this crime. DUI is a serious infraction in the State of Ohio with extreme consequences for everyone involved including drivers and victims. Each year in the United States an estimated half million people are injured in DUI-related highway crashes, costing taxpayers over $122 billion dollars.

Your DUI lawyer should be expertly familiar with all the intricacies and nuances involved with DUI offenses in the State of Ohio. As a DUI offender may face immediate loss of their driving privileges, vehicle impoundment, fines, house arrest or prison time due to drunk driving accusations. The Mark Bamberger Law Co.  defends dozens of DUI cases each year, let us help you through yours.

Take action now!

If you have been charged with a DUI , preparation, knowledge, and an excellent DUI attorney are among your best defenses. If you have been charged in a Miami County or Montgomery County court of law, the law offices of Mark Bamberger offers a number of capable and experienced DUI attorneys to defend you.

Contact Mark Bamberger today Toll Free at (877) 644-8181 Don’t let your DUI get out of control or out of hand. We can help!!

Our offices are located at 8 S. 3rd Street in Tipp City, Ohio. We also have an office in West Chester at 9075 Centre Pointe Drive, Suite 450 and in Downtown Enon at 41 E. Main St.