General Practice

Who Represents the Animals

Animal Law, General Practice, News
pit-bull

First, what is animal law? In general, it relates to the legal protection and/or regulation of all non-human animals. For example, I am the general counsel for a few animal shelters in Ohio. Issues such as corporate formation of animal-related LLCs, implementation of proper insurance to protect those involved with the animal concern, and law suits filed by visitors and vendors to animal protection facilities are common issues that must be handled. There are also more large-scale animal concerns such as ranches, farms, and endangered species that involve animal, as well as more general environmental legal issues.

One of the biggest difference in the representation we perform for animal cases is that we do so on a pro bono basis (without charge). The reason is that I love animals, especially wolves and dogs. I do some legal work for Wolf Creek Wolf Habitat & Rescue in Brookville, Indiana. They are good people doing wonderful work in the protection and raising of wolves that would otherwise most likely be killed.

At an Ohio Bar Association in Cleveland, Ohio, I gave a presentation on animal law and how it effects other legal practices, including corporate, criminal, family, and general environmental law. Many, if not most, legal practitioners, at one time or another, will encounter an animal law case. Examples here include divorce with custody disputes over the family pet, the scary link between animal abuse and serial murder, dog bite law suits, and the Endangered Species Act of 1973.

More and more, society in general is turning on to the concerns of factory farms, slaughter houses, puppy mills , and other abusive situations. There will never be a day when non-humans have the same legal rights as we humans, but it would be nice if a little more understanding of and respect for the plight of animals was commonplace in our culture.

1 TMBC has offices in Tipp City, Enon, West Chester, and Spring Valley, Ohio. Check us out and contact us through www.bambergerlaw.com
2 Check them out at wolfcreekhabitat.org. They operate on donations and visitor fees alone. For a fee, you can go “sit with the wolves’; a definite bucket-list experience.
3 The Endangered Species Act (16 U.S.C. §1531 et seq. (1973) is under constant attack by some in Congress and around the nation.
4 A little-known fact: The Amish communities are some of the worst violators of still-weak puppy mill laws.

Guns, Deadly Force, and Your Rights

General Practice, Gun Laws, News
guns-deadly force-rights

You own a gun and have your Ohio Concealed Carry Weapon (“CCW”) Permit. So far, so good. But what if you have to use that gun one night?  Having ridden in a motorcycle club comprised almost solely of cops and ex-cops and having numerous friends who are cops, here is a little advice. If you brandish a weapon, be prepared to use it. The data are clear that when a person defending him or herself has a gun, the odds escalate dramatically that there will be shot fired. You do not want to brandish a gun just for show or fun.

 

For one thing, in Ohio there is a mandatory one- or two-year gun specification added to any crime. If you accidentally commit a punishable offense, you might serve one or two years consecutively to another offense (meaning added to any sentence you get, not concurrently).[1] For another thing, when you show a gun in the presence of a “bad guy” who has a gun, chances are the bad guy knows how to use his or her gun better than do you, so you are in trouble.

 

It is romantic to say you have gun for the protection of family and household, but sadly the data are clear there as well. People who have a gun in their homes are 40-170% more likely to be victims of gun violence than a hero using the gun for protection.[2]  Despite what the National Rifle Association (“NRA”) tells people, this has been true for decades.[3]  It is true that Ohio has a “castle rule” that says that you do not have to flee your own home if there is a home invasion. But happily, armed home invasions are exceedingly rare in most areas of Ohio and the statutes also say that you can use deadly force only where deadly force was threatened against your family or yourself.  You cannot shoot someone simply for entering your home uninvited.

 

If you are in your car and stopped with your gun/s on-board, always tell the officer when s/he approaches that you are carrying and have a valid CCW (which should always be on your person).  If the weapon is in an unlocked compartment of the vehicle, odds are good the officer can search and look at the gun, should they choose. If the gun is in a locked compartment, you do not have to allow them to search the weapon, though you may and often should allow them to do so to avoid any additional legal encumbrances.[4]

If one fateful night you must use your weapon, immediately call the local police and report the incident afterwards, have your CCW available for inspection, and contact your lawyer as soon as you can.[5]  As in most incidents, say as little as possible without your lawyer present, and do not tamper with or alter the “crime scene”.

 

The bottom line is this. If you choose to own a handgun, get the training for your CCW[6], go the range on at least a semi-regular basis (preferably with a trainer or more experienced friend), and know your limitations. And always keep the weapon/s and ammo far away from access by children, untrained teens, and family members or friends who might have suicidal tendencies. Once again, if you own a gun and brandish, be prepared to use it.

[1] We had one homicide case at TMBC where our client brandished a gun and shot at his wall to back off his drugged-out son. The bullet went through the wall and killed the son’s girlfriend. She was dead before she hit the ground.  We got a good deal for him on the homicide charge, but he had to serve the mandatory gun spec time, regardless of the other deal.

[2] www.slate.com/articles/health_and_science/medical_examiner/2…

[3] http://smartgunlaws.org/guns-in-the-homesafe-storage-statistics/

[4] As a general rule, cops can stop you for almost any reason they choose and search an open vehicle as they choose.  Case law allows them far more flexibility to search a vehicle without a warrant than a house or other fixed structure, since houses can’t drive away and hide as easily. See another many examples Illinois v. Caballes (2014), 543 U. S. 405, 407.

[5] As a close cop friend told me, anyone who owns a gun and does not have a good lawyer on speed dial is either foolish or naïve.

[6] Most states, except Illinois and those in New England, have reciprocity with Ohio, meaning your CCW in Ohio is valid in those states as well.

The Nicest Part About Being a Lawyer

General Practice, News
nicest day

The practice of law can be stressful, challenging, and at time down right painful. The rate of alcohol and other substance abuse in the legal practice is among the highest of any profession. Those who have practiced more than a few months know why. The good attorney cares deeply and passionately about each client. The smarter one finds ways to cope with all that pain and suffering by compartmentalizing the pain so that s/he can lead decent personal lives.

Yet, with the pain can come great satisfaction and even joy. Over the course of a year, we perform hundreds of bankruptcies, divorces and dissolutions, custody, and criminal defense cases. We often see people at the darkest and lowest point of their lives; dealing with massive debt, depression, and/or heart ache. That said, I have long ago lost track of the number of clients who hugged me, often in tears, when they realized that the debt, horrible marriage, lost time with children, or nervousness of dealing with the court system, was over. They could start a new life with more hope and plans for the future.

My long-held personal mantra is “the best reward for a job well done, is more work”. We continue to get referrals and new clients who see that we care and try to guide them through the worst times of their lives into a brighter age. That indeed is the nicest part of being a lawyer!

MJB, Spring Valley, 2016

Run to the Wolves

General Practice, News

wolves

Mark J. Bamberger, Ph.D., J.D.

Owner/Attorney at Law, The Mark Bamberger Co., LLC

           On a bright, late October of 2012 day, Blue Knights XXIX decided to ride west.  We left our club meeting in Springboro, Ohio and headed west toward the Indiana state line.  One of our favorite club rides is to head west on State Route 725 through Gratis and north of Hueston Woods State Park outside of Oxford, then hit the Indiana line and continue west, then south towards Batesville and back east around Cincinnati, Ohio.

Riding a variety of bikes, from smaller Harley Sportsters to Honda Goldwings to Harley Road Kings, a v-formed lines of nine bikes ran smoothly through beloved Ohio back roads and into Indiana.  It did not strike this author until about 100 miles were behind us that our daylong ride through brilliant and surprisingly warm Fall sunshine was taking us right through Brookville, Indiana; the home of my wolves.

Well, they aren’t actually “my” wolves.  I adopted them some years back when I first found out about the Wolf Creek Wolf Habitat & Rescue Center in Brookville, Indiana (www.wolfcreekhabitat.org).  Located in a forested valley just west of Cincinnati, Ohio, Wolf Creek formed some 20 years ago when Owner Kathy Baudendistel started rescuing wolves from places where they might have been euthanized. Now, Wolf Creek has between 25-30 wolves, including a few hybrids, which Kathy and her all-volunteer staff feed, love on, and provide a safe and protected home.

I had an idea.  Since we were riding right through Brookville, why not stop and say hi to my wolves?  The others in the MC looked at me as though I had a second nose on my face. A myriad of cat calls and jokes echoed from the crowd. “They will find me tasty” one said.  “I have no interest in that” said another.  As we parked our bikes and walked into the compound, I explained that the wolves have been studied and separated into packs; some more wild and less socialized and some perfectly accepting of human presence.  We walked into the visitor center and were immediately surrounded by the sounds, smells, and pictures of wolves, young, strong, and old.  From only two of us willing to go in and sit with the wolves, I was able to talk all nine of the hard-edged bikers to interact with the packs.

Owner Kathy was out in the field working on the teepee that the group was constructing for their upcoming Native American ceremony the following week.  Greeting Kathy with a hug, I introduced her to the rest of the crew.  This was the fourth time I had been there, but the first for everyone else.  They were pensive as we signed the obligatory release form and then entered with our guide the first pen.  It was there that my friends saw the large, beautiful animals viewing us with some trepidation.

Sitting on a closed water tank, we waited about two minutes until the first wolf walked over to us, sniffed, then licked a barrel-chested, vest-wearing biker’s face.  Ironically, it was the biker who made the “…they will find me tasty” comment.  She did, but limited her exposure to a mere sniff and kiss; then walked timidly away.

Wolves have wonderful memory.  It had been six months since my last visit, yet several of the wolves walked up to me with kisses and an allowance of me petting their backs and ears.  My old friend Yukon was there as well.  An older male, Yukon is a long-time resident at Wolf Creek. Yukon is the alpha male of his pack, but time and age has rendered it more difficult for him to hold that esteemed status.  Through the next hour or so, we enjoyed warm relations with about seven of the wolves.  On our way out, a noise from afar started a group howl.  It sent chills down our collective spine to hear more than 20 wolves in a simultaneous howl to the sky that lasted about three minutes.

There was little comment other than general voiced approval from my biker-vested buddies as the ride leader led us out of the area and back onto our route.  As I moved south on my Sportster, I felt a unexplained warmth move through me.  I found myself sitting an inch or two higher on my bike seat. I got a tad emotional as I thought of the joy from introducing this most precious part of my life to my biker friends.  One important aspect of my life had joined another.  As an attorney, I have tried to provide what little legal assistance I can to Kathy and Wolf Creek.  I wish I could give more of my time; some day I hope to do just that.

These are men of few words at times and they were not immediately expressive of how this experience had moved them.  Yet, as the days passed after our run to the wolves, comments began to surface that demonstrated that this visit moved them as it always moves me. “I can’t wait to go back” said one friend. “I took my girlfriend back the next weekend and she can’t stop talking about it” said another brother.  ‘Let’s make this a regular ride” said the MC Secretary.

All rides with my MC brothers and sisters are meaningful to me.  They all enhance our friendship, our bond and commitment to each other, and memories of those lost and gone or otherwise engaged and not with us.  However the run to the wolves will always top them all in my mind.  I count the days until the next one comes.

MJB, Spring Valley, Ohio  4/13

Bamberger Law – Positive client experiences

General Practice, News, , , , , , , , ,

Legal LaddersPositive 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

When “Being Done Wrong” is not enough in court?

Civil Litigation, General Practice, News, , , , , , , , , ,

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

General Practice

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When you are in need of legal services, you need to find the right attorney. Whatever legal problems arise in your life, you will be in good hands with The Mark Bamberger Law Co.

We provide our clients with a wide range of overlapping practice areas, from drafting wills, trusts and estates and handling personal injury cases to negotiating our clients tax settlements with the Internal Revenue Service. From the simple to complex, we provide effective and caring representation.

We are proud to ardently and aggressively represent your case, no matter its size. You can depend on us to fight to obtain the best outcome for you.