Frequently Asked Questions

 

What is a “Retainer”?

There are two different types of retainer agreement. A Classic or General Retainer is a fee that’s earned upon receipt. It is used to secure the lawyer’s availability in the future. It is also used to decline retention by any other party who you’re likely to oppose. Under a Classic Retainer, future services will be under a separate engagement agreement with additional fees.

A Special Retainer is a specified fee in exchange for specified services. This type of retainer is an advance on fees. When services provided exceed the advance, additional monies become due from the client. Any unearned fees will be returned to the client.

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What is a “Flat Fee”?

A Flat Fee or Fixed Fee is earned in full when your lawyer agrees to provide whatever services are specified in the fee agreement and/or engagement letter. If you ever decide to stop the representation, you’re entitled to reimbursement, less the amount earned for services already rendered.

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How much will my matter cost?

Our representation could last several months or, in some cases, more than a year. We’ll work with you to try and forecast legal fees and to design a manageable fee agreement.

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What is a Fee Agreement?

Your fee agreement will spell out the scope of services we commit to provide and the method of billing and payment. Additionally, the agreement will specify at what point the fee structure can be expected to change and how it might change.

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Is there a fee for a consultation?

We do not typically charge for an initial phone consultation, though nearly every matter requires an in-person consultation. We charge a $200 fee for the initial face-to-face consultation and intake interview.

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Can I recoup my attorney’s fees?

Ohio courts don’t generally allow a prevailing civil litigant to recover attorney fees from the adverse party. However, if a contract or negotiable instrument provides for attorney fees, Ohio sometimes recognizes an exception. Please note, in some cases Ohio law prohibits or limits these kinds of attorney fee-shifting clauses.

Statutory exceptions sometimes also allow for the recovery of attorney fees. The Ohio Consumer Sales Practices Act is an example, which allows a prevailing party to recover attorney fees.

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Blog

The First Amendment

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The First Amendment to the Constitution provides, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for ...
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Landlord Tenant Laws

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According to the National Multifamily Housing Council, over 35% of the U.S. population, 111 million residents, rent rather than own their home. That hefty figure means there are a lot of “landlords” and even more “tenants.” In Ohio, there are rules in place to protect the rights of both landlords ...
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Freedom of Speech & Defamation

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Our last article concerned the First Amendment, specifically the freedom of speech, and the standard of proof to establish whether someone runs afoul of the First Amendment. Today we’ll focus on the issue of defamation, and discuss when untruthful publications fall outside the First Amendment’s ...
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Do I Need A Lawyer To Fight My Criminal Charges?

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Facing a criminal charge on your own is scary; facing a criminal charge with an attorney by your side can make the process less frightening. Criminal charges range from low-level misdemeanors to high-level aggravated felonies. Having a criminal charge on your record can be detrimental to many ...
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Do I Need A Will And What Happens If I Don’t Have One?

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Thinking about your death and what the future will hold for your loved ones is scary. Not planning for the future, however, might be even scarier, especially for those you leave behind. Most everyone owns property, which makes up their estate. An estate may include money, investment accounts, real ...
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After A Car Accident

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No one prepares for a car accident, but accidents are a common everyday occurrence. According to the National Highway Traffic Administration, car accidents occur every minute of the day, and over five million driving related accidents take place each year. While no one wants to think about getting ...
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Legalizing Marijuana In Ohio

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Marijuana is legal, in at least some sense of the word, in 24 states, and in the District of Columbia.  These 24 states have passed laws legalizing marijuana for medical purposes.  Among the 24 states, Colorado, Alaska, Oregon, and Washington have all legalized marijuana for recreational purposes.  ...
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The Personal Consequences Of An Unethical Attorney

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Last week’s post covered the Rules of Professional Conduct, for both licensed attorneys and aspiring attorneys alike.  The ethical rules have much to do with whether a person will be admitted to the practice of law, and govern for the duration of an attorney’s career.  The rules can also impact the ...
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Lawyers And Ethics

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In our society, ethics and morals are critically important, as the principles you employ in your day-to-day life define your integrity.  The Supreme Court of Ohio imposes ethical requirements upon attorneys that are, in many instances, more stringent than ethical expectations individuals have for ...
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Drone Use And How To Register Your Drone

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The word ‘drone’ brings to mind, at least for me, thoughts of military grade machinery used for dropping bombs and waging war.  But drones actually date back to the early 1900’s; designed, developed, and used during World War I.  Formally known as unmanned aircraft systems (“UAS”) or unmanned ...
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Renters Insurance

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Renters Insurance, just like it sounds, is a type of insurance available to individuals who lease or rent residential property.  The majority of insurance companies provide some sort of renters insurance and, in fact, if you Google the term “renters insurance” you will be bombarded with ads from ...
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Police Culpability In A High Speed Chase

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A high-speed police chase. It sounds like a scene from an action movie or a storyline on an episode of “Cops.” Unfortunately, police pursuits that take place in real life are more dangerous than they are entertaining. Police pursuits often take place in residential neighborhoods, on crowded city ...
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Do Self-Driving Cars Equal An End To Drunk Driving?

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A self-driving car sounds like something from an episode of “The Jetsons,” but the era of self-driving cars may be closer than you realize.  While a car that drives itself sounds futuristic, Google has had the idea for decades and has been working on the concept since 2009.  Google has created a ...
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News

Update – The Legalization of Medical Marijuana in Ohio

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A few weeks ago we wrote an article that detailed the various levels of legalization of marijuana in the United States, and focused on the trend toward legalization of marijuana overall. At the time, Ohio had just voted down Issue 3, and was without any form of legalized marijuana. Within the past ...
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Four DUI Checkpoints Planned Across Central Ohio Tonight

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Please drink responsibly tonight. Four DUI checkpoints planned across Central Ohio
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Columbus Police conducting two sobriety checkpoints Friday into Saturday

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The Columbus Police will be conducting two sobriety checkpoints Friday into the early hours of Saturday. Please drink responsibly. http://www.10tv.com/content/stories/2016/04/15/columbus-ohio-columbus-police-conducting-two-sobriety-checkpoints-friday-into-saturday.html
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Two sobriety checkpoints in Columbus Friday night

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The Franklin County DUI task for is planning 2 sobriety checkpoints tonight. Please drink responsibly. http://www.10tv.com/content/stories/2016/04/08/columbus-ohio–two-sobriety-checkpoints-in-columbus-friday-night.html
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Columbus Police To Conduct Sobriety Checkpoint Friday Night

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Columbus Police will be conducting a sobriety checkpoint in the Brewery District Friday night. The checkpoint will be located on S. High St. at Deshler Ave. http://tinyurl.com/hwqojqt
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DUI dragnet planned through weekend in central Ohio

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It’s St. Patrick’s day. If you are planning on celebrating, please do so responsibly. Have a designated driver. Or call a cab. But please don’t drink and drive. The Franklin County DUI Task Force is conducting saturation patrols this weekend and planning a DUI checkpoint on Friday night. Please act ...
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Beware – Montgomery County DUI Checkpoints

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The Montgomery County Sheriff’s Office and the Montgomery County Combined Agency OVI Task Force will be conducting two OVI sobriety checkpoints tonight in Washington Twp.The first checkpoint will be conducted in the 1800 block of Austin Pike from 7-9 p.m.The second checkpoint will be conducted in ...
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Beware – Cybercrimes are on the rise!

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According to a new survey conducted by PricewaterhouseCooper, Cybercrimes are on the rise and most companies (all companies?) should worry about them. The most likely cybercrime to hit a company is a data breach. PwC reported that 32 percent of the companies it surveyed reported a cybercrime ...
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