Tag Archives: Ohio

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

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

DUI Lawyers – Here when you need us

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.

DUI Lawyer
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 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.

Laboring through Employment Law

Ohio is a tough place to do employment law!  Being one of the dreaded “at will” states, an employer can pretty much rid themselves of an employee without much cause.  No reason need be given.  What cannot be given is an illegal or unconstitutional reason.  There is tremendous statutory leeway provided to Ohio employers to follow their business models.

As difficult as it is to pursue a labor or employment law civil litigation cases in Ohio, The Mark Bamberger Co., LLC finds opportunities to represent employees who have been wronged.  The challenge is to define with our clients the difference between being wronged in fact and being able to prove that a client has been wronged in a court of law.

The litigation process begins by deciding if a client has a constitutional claim, such as gender, age, or racial bias; or else some noted violation of an existing contract or union agreement.  Most of the labor clients we see did not sign a contract with their employer, are not part of a union, and do not have a viable constitutional claim to proffer.  That makes litigation tough.  Additionally, our clients need to consider the potential outcome.  They typically fall into one of three categories: (1) those who continue to hold their jobs, yet want some remedy for a wrong; (2) those who lost their job and want it back, if at all possible; and (3) those who lost their job and do not want to go anywhere near the place ever, ever, ever again.  Different approaches and sensitivities are indicated depending on which category is applicable in the case at bar.  Some law firms go right for the civil complaint (suing the “SOB/s”).  At The Mark Bamberger Co., LLC, we often find that a three-step approach provides the best opportunity for our clients to get where they need to go; with only the third and final step being a civil complaint.

Overall, the most important thing for our clients in ANY litigation environment to do is to define what a “victory” looks like.  Many times they just need help in order to move on with their life with some version of closure; be it financial, psychological, or otherwise.

MJB 3/10

Appeal this!

US Appellate Court Justice Douglas Ginsberg

On TV, whenever someone is convicted in criminal court, they immediate are told by their legal counsel, “We can appeal”.  The expectation is that anyone can appeal a criminal conviction.  Oh contraire!

There are only certain circumstances in which a convicted felon can file an appeal.  First of all, the appellate attorney (who may or may not be the trial counsel) has to have solid grounds.  Even though a case can be “appealed as of right”, that does not mean it can be realistically appealed.  The client must find that either the judge made an error in ruling on the pertinent law or instructing the jury or the jury formed their opinion based on a bias or  the defense attorney fail to do the best s/he could do for the client.

If an appeal is feasible and the attorney is ethically ok with doing it, a “Notice of Appeal” has to be timely filed to the appropriate court.  If it is not timely, the client better have a darn good reason to file it late, lest s/he be turned down off the top.  In some instances, the time to file an appeal can be “tolled” (stopped) due to one reason or another.

If the Notice is timely, the higher appellate courts have right of certiorari (literally meaning the right to “be more fully informed”) of the case before they decide to accept it.  This is especially true of the Ohio and federal Supreme Court, which turns down far more cases than they accept for deliberation.  The first level about the trial court is the State district Court of Appeals, who statutorily have to rule on appeals as of right.  Many others do not.  You can think of the federal system as a mirror of Ohio courts, except for federal questions (like violations of federal constitutional or federal regulations) or cross-state concerns (“diversity”).  Federalism (mainly defined in the 10th and 11th Amendments of the U.S. Constitution) mandates that States are sovereign and can only be trumped by the federal courts under specific conditions (see my article “The Civil Side of Litigation” for more discussion on this topic).

If our case is accepted, the moving attorney files an “Appellate Brief” to the court.  This is followed by a “Response” from the prosecutor (either state or federal).  At that point, the Appellate court decides to either: (1) accept the Defendant-Appellant’s argument; (2) deny the argument; or (3) docket the case for oral hearing.

It is rare that an appellate court will hear a case “de novo” (“anew”).  Usually, they go only on the record established from the trial court.  In other words, they hear no new evidence and examine no new witnesses; only rule on the law before them as established in the record handed to them by the lower trial court.

In the uncommon case when (1) happens, the case is usually remanded (sent back) to the trial court that heard the case for another trial, perhaps full and perhaps only on the strictly remanded portion, say sentencing.  If (2) happens, the only recourse is to appeal to the next higher court of appeals, which may well decline certiorari unless the case poses a new or at least intriguing legal question.  In the rare case (3) happens, both sides are scheduled to argue their points “to the bench” (in front of the judges).

In summary, if a client asks for an appeal they have to forewarned that it is a lengthy and potentially expensive process; and by the way, the success is usually low of winning there.

MJB  2/10

Bamberger Featured Guest on Get Social Radio

Attorney Mark Bamberger was recently a featured guest on the Get Social Radio Show, a nationally syndicated internet radio show broadcast from downtown Tipp City, Ohio.

Bamberger shared stories of what motivated him to start his practice of law as well as his background with bankruptcy, criminal, environmental and civil litigation. Hosts of the Get Social Radio Show, Mike McDermott and Greg Enslen asked Mark about a current case that was reported in the Dayton Daily News. In this case, Mr. Bamberger is defending a local professor at Edison State who is a plaintiff in a case of unlawful dismissal, as well as the breach of a constitutional statute (Ohio’s Sunshine Law). As this show was the final broadcast of the year for the radio hosts and since it was only two days before holiday break, the three fathers closed the show with a reading of the ‘Night Before Christmas’.

Click here to listen to the entire broadcast in your media player of choice.

This episode was also recorded on video, you can watch by visiting the Get Social Radio website here.

Labor Law

The Mark Bamberger Law Co. LLC, is at the forefront of workers’ compensation and labor law. We seek to maintain a continued high level of skill and knowledge in this complex and ever-changing area of case law. We are dedicated to the highest level of client satisfaction and will guide you through your workers’ compensation and labor dispute case. Contact our experienced Ohio personal injury attorneys at The Mark Bamberger Law Co. LLC and call us at (877) 644-8181.

Every Ohio employer is legally required to provide workers’ compensation insurance for its employees. This insurance covers past and future medical expenses and lost wages.

We evaluate our client’s claim to assess its legitimacy and determine compensation. We retain superb medical and economic experts who guide our attorneys in evaluating claims.

We handle claims for any type of workplace injury, including fractures, lost limbs, spinal injuries, lacerations, head injuries, carpal tunnel syndrome, repetitive stress injuries, and injuries caused by other employees or equipment. We have significant experience handling claims against private industry, federal, state and local government employers and their workers’ compensation insurers. We deal with issues involving defenses, fraud, subrogation, and appeals.

For more information or to schedule a consultation, contact the experienced workers’ compensation attorneys of The Mark Bamberger Law Co. LLC by callingl us at (877) 644-8181.

Family Law

At The Mark Bamberger Law Co. LLC, we recognize that going through a divorce can be a difficult, emotional experience. Our family law focus strives to guide individuals and their families through this traumatic time with dignity, sensitivity and the utmost respect. We are committed to protecting clients’ rights while preserving relationships with the children involved. Call us at (877) 644-8181.

With our extensive business experience, we are able to handle even the most complex financial issues involved in a divorce.
Experienced Divorce, Child Custody, Adoption and Visitation Rights Lawyers

We have experience and represent clients in the following areas:

* Divorce (contested and uncontested)
* Asset Division
* Separation
* Annulments
* Alimony
* Child Custody
* Child Support
* Visitation
* Grandparents’ Rights
* Pre and Post-Nuptial Agreements
* Modifications
* Domestic Violence
* Restraining Orders
* Paternity
* Mediation
* Adoptions

For more information about divorce, child custody, adoption, or any other family issues, or to schedule a consultation, contact the firm experienced in Ohio family law, The Mark Bamberger Law Co. LLC by calling us at (877) 644-8181.