"Legal Malpractice” To Be Resolved

We continue to represent a family that was misled and negligently represented by a unscrupulous lawyer in a wrongful death case.    

This is what is called a “legal malpractice” case.  We have prosecuted a number of these over the years.  

We hope to resolve this one (like all the others) in the early part of 2023.

Insurance Claim

We just resolved a personal injury case which involved what is known as an “uninsured” claim. 

An “uninsured” claim is a claim that an injured person much file against their own insurance company when the at-fault driver of the other automobile has no insurance at all.   When this happens, our clients’ own insurance companies turn on them like a bad junkyard dog.   

We end up having to sue our own client’s insurance company for what is called “bad faith” – which is a legal term for trying to screw over your own insured.  

Just moments before what is called “mediation,” the bad faith carrier made an offer that should have been made many months before.  Case resolved. 

Repair Shop Makes Right

We recently resolved a big “replevin” action involving a very expensive semi-truck that was being wrongfully held by a repair shop over a dispute on how the repairs were being made.  

A “replevin” action is where one person claims ownership of a piece of property being held by another.    

Just moments before the replevin hearing was to commence, the repair shop relented and agreed to turn over the truck. Good day for the client.     

Malpractice Lawsuit

We recently filed a very disturbing legal malpractice case against a lawyer in a northeastern Ohio county.

It involves a lawyer that went to great lengths to protect his fee (or sought-after fee) - and ignored the interests of the client (a wonderful family that lost a son in a horrible auto-accident).

Looking forward to getting this wonderful family as much recovery as the law allows.

Decreased Sentencing for Client

We recently had success in a major sentencing battle in a federal criminal case.

Our client was not someone you would be fond of, but the harsh sentence being sought by the Government was frightening (over 21 years in prison).

We were able to address some of the “aggravating factors” the Government was pushing in such a way that the Government functionally backed off on their position, resulting in a sentence that half of what the Government was originally seeking.

Even though the client received a sentence of just over 10 years, the client was still very much grateful that we got the sentence cut in half. Not an everyday event.

Settlement for Client

We recently settled a long-standing lawsuit between some very nice homeowners (our clients) and a window installer and the window manufacturer.

The COVID pandemic has caused the lawsuit to linger for way too long, and it was not until the proverbial week before trial that the installer and manufacturer finally could find their checkbooks.

We are looking forward to getting our clients their settlement check.

Full Custody Win for Mother

We were recently able to resolve a very complicated parenting/custody dispute on the day it was set for hearing.

We helped the Mother gain full custody of her daughter and helped clean up a very poorly written parenting order that caused a large amount of confusion and anxiety for the child.

These types of proceedings are often very delicate, and there is much word diplomacy that goes into getting the issues resolved.

Upcoming Presentation to Attorneys

Mr. O’Shea will be in Columbus this month to present a seminar to other lawyers on the specific issues involved with trying a DUI case.

He was asked by a respected attorney association to travel to Columbus to do so.

Successful Custody Victory

We were able to get an overconfident ex-husband to dismiss his parenting motion recently when he realized that we had come to the hearing ready to try the case.

His game of parenting chicken did not work. We expect to see him again.

Case Dismissed for Client

We recently obtained a dismissal of an entirely bogus domestic violence charge against our client.

We did so by simply showing up for trial. When the prosecution realized that they were not ready to try the case, they had to dismiss the case.

Our experience is that you always have to hire a lawyer that is experienced at trial issues and is more than willing to try a case for a client.

This is one of the most valuable assets we bring to our clients. Always ask your potential lawyer how many cases they have actually tried to verdict.

Importance of Uninsured and Underinsured Auto Coverage

For once we had a case where the client was wise enough to have sufficient “uninsured” and “underinsured” automobile coverage.

This will have a rather significant impact on what the client will be able to obtain for their automobile injury. We have talked before about the importance of having sufficient uninsured and underinsured coverage on your own policy.

We cannot repeat this enough. This type of coverage does not cost very much, and is invaluable when the person who causes the accident has little to no insurance for their negligent or reckless conduct.

Successful Auto Accident Outcome for Client

We have a client that had a fender-bender bad day – as anyone can.

No personal injury to speak of, but the client was charged with what you commonly call a “rear-ender” charge in the municipal court.

We were able to work with the municipal prosecutor to get the case resolved to a no-point violation.

Something the client and the client’s insurance company was very pleased with.

Legal Malpractice Suit Against Law Firm

We are handling what is called a “legal malpractice” case for a client.

The law firm that represented our client made some rather big mistakes in how that law firm handled a lawsuit for the client.

Case is in suit now. It is amazing to us how anti-client a former law firm can get once they get sued for malpractice

Stay tuned for this one.

Successful Outcome for Client in Health Insurance Greed

We successfully resolved a rather serious dispute with the health insurance company for one of our clients.

After our client was seriously injured in a car accident, the health insurance company (as they often do) demanded that our client pay them what is called a “reimbursement/subrogation” amount for the health insurance benefits that were used by the client for medical services rendered to the client as a result of the accident.

Although health insurance companies can somewhat do this (they have good lobby folks in Columbus), there is a law in Ohio that bars those health insurance companies from being too “greedy” when it comes to this.

After lots and lots of motion practice, we were able to get the health insurance company to take a huge “haircut” on what they were asking for. Our client was very happy.

Parenting Dispute Moved Successfully to Juvenile Court

Recently we were able to assist a client who was involved in a dispute with the mother of his child - which resulted in charges in a municipal court against our client (which were handled by a lawyer other than us).

We were able (after the municipal court case was over) to get the municipal court to relinquish any jurisdiction over the “parenting” issues our client and the mother had.

The mother would have preferred that the municipal court have jurisdiction over these parenting issues – but we argued that the Juvenile Court (and the Juvenile Court alone) had the proper jurisdiction on these issues.

We are now working on the parenting issues in the Juvenile Court.

Upcoming Family Real Estate Battle

We go to trial at the end of April on a long-standing family battle over who is the rightful owner of real estate and the insurance proceeds from a fire at one of the properties.

This is a difficult case because it is functionally parents verses their kids. Lots of insurance money at stake.

Stand by for this one.

Achieved Best Possible Outcome for College Student

We were able to get a client into what is called “diversion” in connection with an alcohol based arrest.

This client is in college and the diversion program will allow the client to do some community work service, pay a fine – and then get the case dismissed and expunged.

The kid (and the parents) are very pleased.

Reduced Sentence for Parolee

We were happy to get the shortest sentence for a former prison inmate who (while out on parole) lead the police on a short but potentially dangerous car chase.

We were able to use the excellent prison history (he had been in prison for some time before being released), and his outstanding work history after prison release to show the Judge that this was a one-time bad night decision combined with a long-standing history of just being afraid of police in general.

Divorce Outcome Resolved in Favor of Client

We just settled a long pending legal malpractice case in another County.

We proved that a domestic relations lawyer had neglected her duty to look at the value of a big pension while representing the client in a divorce. Stated another way, this domestic relations lawyer believed that if you do a “cheap” divorce, you have no obligation to look at the value of assets.

We are happy our client could get a portion of the value she lost due to this malpractice.

Complex Weapon's Case

We had a recent hearing involving what the federal law calls an “Armed Career Criminal Act” law.

If a defendant is classified as a ACCA offender, then the mandatory minimum sentence is 15 years in federal prison.

In this particular case, our client may or may not have what is known as a “criminal history” which would make the client fit the ACCA definition.

Our representation in this particular case requires lots of research of how the ACCA works, and the suppression issues related to how the police located the weapon in question. Stay tuned on this one as well.