Congrats, Marty! Named one of Ohio’s top lawyers.
Lawyers are asked to nominate the best attorneys who are 40 or under. They are instructed to nominate lawyers they have personally observed in action – whether as opposing counsel or co-counsel, or through other firsthand courtroom observation.
In addition to the general survey, the attorney-led research team reviews the credentials of potential candidates and assigns points based on a set of defined evaluation criteria. The research staff also confirms that nominees are properly licensed, in good standing with the state licensing agency, and, when possible, that they have no history of disciplinary action that would warrant removal from the list.
The point totals from the general survey and research process are then added to arrive at a final tally. The lawyers are ranked by point totals and those with the highest point totals are named to the Rising Stars list. No more than 2.5 percent of the lawyers in the state are named to the list. To ensure a diverse and well-balanced list, the research staff considers factors such as firm size, practice area and geographic location.
We at Diehl & Hubbell, LLC are proud of Mr. Hubbell and would like to thank him for his years of dedicated service to the Southwest Ohio community!
You can find Mr. Hubbell at 304 East Warren Street, Lebanon, Ohio, 45036 #513.932.2121
By Marty Hubbell
I get asked that at least once a month. All attorneys have heard from potential clients who want to hire a Bulldog to represent them. Why? Because they erroneously believe that such lawyers are effective advocates for their clients.
Some people are generally unreasonable and unpleasant; some of these people happen to be lawyers. It is not hard to find them, as they are usually preceded by reputation.
These Bulldog lawyers have an inability to arrive at appropriate results in a timely fashion. They don’t return phone calls, are unprepared for hearings, and are unable to competently identify key issues in a case. But they are wonderful at turning legal cases into personal vendettas, when doing so has no practical purpose. Legal fees tend to get expensive, quickly, when fighting about anything and everything.
A Bulldog lawyer does not intimidate a competent attorney. I tell my clients in advance about the other attorney’s reputation, in order to prepare them. No party to litigation truly enjoys the experience, and you have to wonder about the unnecessary emotional cost their clients pay.
Judges and juries do not appreciate Bulldog lawyers. Court time is valuable and dockets are crowded. Recent studies suggest that jurors are particularly sensitive to choosing sides in a trial based upon a Judge’s rulings and demeanor toward individual attorneys. If an attorney argues ten points of law, when only two are viable, the stain of the poor arguments can filter down to the good ones.
There is so much more to being an effective advocate than just being adversarial. Be cautious when a lawyer brags about being tough and aggressive. A competitive spirit should not be confused with a combative personality. The qualities you should demand in a lawyer are no different than those you would want from other people in your life: diligence, competence, honesty, and reasonableness.
Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years. He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com
By: Thomas J. Diehl (In 2008) With the enactment of Senate Bill 80, damages in many tort actions are capped. The jury’s determination of rightful compensation to a Plaintiff will be disregarded in many circumstances. In any claim for damages for injury or loss to person or property, including product liability claims, a plaintiff who has suffered non-catastrophic or noneconomic damages is limited to the greater of Two Hundred Fifty Thousand Dollars ($250,000) or three times the economic loss,but not to exceed Three Hundred Fifty Thousand Dollars ($350,000). EXAMPLE NO. 1: Plaintiff is injured in a non-catastrophic motorcycle accident and incurs medical bills of Ten Thousand Dollars ($10,000) and a wage loss of Five Thousand Dollars ($5,000), for total special damages of Fifteen Thousand Dollars ($15,000). The most he can receive for his non-economic loss (i.e. pain and suffering) is Two Hundred Fifty Thousand Dollars ($250,000). 3 x $15,000 = $45,000. Plaintiff is entitled to three times economic loss or Two Hundred Fifty Thousand Dollars ($250,000), whichever is greater. EXAMPLE NO. 2: Plaintiff is injured in a non-catastrophic loss and incurs medical bills of One Hundred Thousand Dollars ($100,000) and wage loss of Twenty-Five Thousand Dollars ($25,000), for a total loss of One Hundred Twenty-Five Thousand Dollars ($125,000). If a jury awards pain and suffering of Five Hundred Thousand Dollars ($500,000), that portion of the jury verdict will be reduced to Three Hundred Fifty Thousand Dollars ($350,000), because of the cap. It seems odd that the Ohio legislature would protect drunk and reckless drivers at the expense of truly injured persons. Although the Ohio Legislature limits the recovery available to a plaintiff seriously injured in a car accident caused by a drunk driver, it has made certain that producers of corn, wheat and soybeans injured by someone speaking badly of their products are fully compensated. Ohio Rev. Code §2307.81 subjects anyone who falsely disparages an Ohio agricultural or aquacultural food product, to “in addition to any award of punitive damages, damages in an amount up to three times the amount of compensatory damages.” Thus, the Ohio Legislature has chosen to place a cap on the damages a drunk driver will pay, while it subjects those that may dare to disparage a soybean to treble damages. http://www.thomasjdiehl.com
By: Gabe Moorman
I have been asked by Meghan Mongillo, Dayton’s Fox-45 “In the Morning” co-anchor, to be a guest on their live TV broadcast. I will be answering questions regarding the law and commenting on some of the high profile legal cases in Southwest Ohio. Specifically, we will be discussing the Ryan Widmer and Stacy Shuler cases.
The Widmer trial is approaching its final stage, as the attorneys for both sides will offer their closing arguments on Monday, February 14, 2011. The jury will then begin its deliberation and a verdict will be read by the bailiff at the Warren County Court of Common Pleas in Lebanon, Ohio. It is likely that people from across the country will be listening intently – as will I.
The Shuler trial has not yet started, but interest in the case has been very high from the start. Ms. Shuler was recently indicted on nineteen felony counts of sexual battery along with three misdemeanor counts. She stands accused of having sexual contact with five Mason High School students, most of them believed to be on the football team. Shuler, who recently resigned as a physical education teacher and athletic trainer, has been released and is currently living with her parents pending her trial. Stacy Shuler has been ordered to wear an electronic monitoring device and have no contact with any of the alleged victims or any minors.
I am excited to join Ms. Mongillo at the Fox-45 studio in Dayton and hope to share some interesting and informative perspectives. Please tune in from 7:00 to 9:00 AM.
|January 10, 2010 http://www.western-star.com/news/lebanon-oh-press-releases/view-press-release/?p=15052
FOR IMMEDIATE RELEASE:
Waynesville native Marty Hubbell has been named a partner in the law firm of Diehl & Hubbell, LLC located in Lebanon, Ohio.
Marty is a graduate of Waynesville High School, the University of Texas, and the University of Dayton School of Law. He has practiced law in Warren County for ten years, focusing in the areas of personal injury, domestic relations, civil litigation, and criminal defense.
Thomas J. Diehl is the managing partner of Diehl & Hubbell, LLC. Mr. Diehl has practiced law in Ohio for over 20 years, and focuses his practice on representing persons injured in serious motor vehicle accidents.
The firm represents clients in all parts of Southwest Ohio, including Warren, Butler, Montgomery, Clinton, Clermont, Greene, and Hamilton Counties.