Many individuals choose to represent themselves in a divorce or dissolution case. Oftentimes, in very simple matters, this is not a terrible decision. However, a recent case demonstrates the potential negative consequences of not having qualified counsel.
In this recent case, Husband and Wife dissolved their marriage in 2003. The parties agreed on all matters, including a provision on how to divide Husband’s pension. The pension was to be divided pursuant to an Order that was filed with the Court.
Wife’s lawyer prepared the Order, as Husband was not represented by an attorney. The problem was that the Order was inconsistent with the parties’ agreement, and Wife received a larger portion of the pension than she was entitled to.
Husband filed a motion with the Court to correct this error. Ultimately, his motion was denied because certain language was not included in the original agreement with his Wife, language that would have permitted his motion to go forward. Without this language, Husband needed to appeal his case within 30 days from the filing of the Order. There would have been little reason for him to do so, as he would not have known there was an error within the 30 day timeframe. Pension divisions often take many months before they are processed by the plan administrator.
Qualified Domestic Relations Orders, the Order used to divide retirement benefits, can be very complicated documents, filled with legalese. The original agreement needed to have language giving the Court jurisdiction to correct errors in the pension Order. Since it did not, Husband is stuck with the error, and Wife will continue to receive the additional benefits.
 Pearl v. Pearl, 2012-Ohio-4752.
Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing domestic relations law in Warren County, Ohio since 2001. He was recently named an Ohio Super Lawyer for the third time, and has been named to the Top 40 Under 40 list. He is also a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com
Marty Hubbell of Diehl & Hubbell, LLC, has been named to the Ohio Super Lawyers Rising Stars list as one of the top attorneys in Ohio for 2012. This is the third time Marty has been honored with this distinction. No more than 2.5 percent of the lawyers in the state are selected to the list. Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.
Congratulations to Thomas J. Diehl, a partner at the law firm of Diehl & Hubbell, LLC, for being inducted into The National Trial Lawyers: Top 100 Trial Lawyers!
The National Trial Lawyers: Top 100 Trial Lawyers is a professional association composed of only the most qualified trial lawyers from each state. Membership into The National Trial Lawyers: Top 100 Trial Lawyers is by invitation and is extended only to those attorneys who exemplify superior qualifications, trial results, leadership, influence, reputation, stature, and profile in the trial attorney community, as viewed by our organization, other trial lawyers, members of the bench, and the public at large. The Association conducts the necessary investigation and diligent evaluation of trial lawyers’ qualifications for invitation as one of its exclusive members.
Mr. Diehl has spent over twenty-three years fighting for injured victims. He has successfully resolved hundreds and hundreds of personal injury cases on behalf of his clients. Tom’s book, titled, “Your Ohio Motor Vehicle Accident Claim: 7 Big Mistakes to Avoid” was recently published. To pick up your free copy, call us at 513.932.2121 or stop by our office (304 East Warren Street, Lebanon, OH 45036).
Diehl & Hubbell successfully argued that a trial court must inform a defendant of certain potential consequences at the time of sentencing. The Ohio Supreme Court’s decision reversed the Twelfth District Court of Appeals. The appellate court originally denied the requested relief under the ripeness doctrine.
The Ohio Supreme Court sided with the Defendant, and indicated that a reviewing court must strictly construe the statutory language.
The case is State v. Smith, 2012-Ohio-781.
The opinion can be found at: http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-781.pdf
Marty Hubbell’s Merit Brief can be found at: http://www.sconet.state.oh.us/tempx/694123.pdf
The Milford Police Department and the Clermont County Sheriff can cite first time offenders into the Milford Mayor’s Court. Because Mayor’s Courts are not courts of record, a Defendant has the automatic right to appeal the case, regardless of the result. If a Defendant is not pleased with how their case turned out at the Mayor’s Court, the case can start over in the Clermont County Court. As Marty Hubbell says, “It is like getting two bites at the apple, which can be a great advantage to the defense.”
When charged with an offense in Milford Mayor’s Court, it is especially important to retain a local lawyer who has experience working in these unique types of Courts. Because of the unofficial nature of Mayor’s Courts, the procedures and practical approaches to the case can vary greatly.
The Milford Mayor’s Court is located at 745 Center Street, Milford, OH 45150. Your court date will be listed on your ticket or subpoena. Further information can be obtained at Milford’s website:
Gabe Moorman is an associate in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com). He is a graduate of the University of Cincinnati College of Law and former President of the Intellectual Property Legal Society. Mr. Moorman is a practicing criminal defense attorney in Southwest, Ohio. He can be reached at (513) 932-2121 or at GMoorman@DiehlHubbell.com.
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
In this issue of the Accident and Injury Reporter, Mr. Diehl answers frequently asked questions about releases. He discusses a very important Ohio Supreme Court case affecting all persons injured as a result of other persons’ negligence. And, Tom introduces you to our staff of lawyers, paralegals and administrators assisting in providing full and complete recovery for our clients injured in automobile accidents.
By Marty Hubbell
What’s next in the Ryan Widmer case? Expect the defense to file a motion for a new trial in the next few days. This motion must be filed within 14 days of the verdict that was rendered on February 15, 2011.
This motion is critical for Widmer’s case, and is separate from the appeal of his actual murder conviction. His appeal would be to the 12th District Court of Appeals in Middletown, Ohio; the motion for a new trial would be heard by Judge Bronson in the Warren County Common Pleas Court. The appeal will not be filed until the upcoming motion is resolved in the trial court.
Why is this motion for a new trial important? The 12th District Court of Appeals is probably the most conservative appellate court in the State of Ohio; less criminal convictions are overturned in this court than in any other appellate district. If he cannot persuade Judge Bronson to grant him a new trial, it is likely that the next significant hearing for Ryan Widmer will occur in about 14.5 years, at his first parole hearing.
The defense attorneys are scrambling to find any and all evidence they can to support the motion. From the press releases thus far, it appears that they are going to try to argue some form of juror misconduct.
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.