With litigation, there are a lot of ways of spending money and spinning wheels without actually advancing the interests of the client. This is why so many clients run out of money during litigation and find themselves in a weak position, and forced to settle. Also, no matter how strong a case is, there is a certain amount of uncertainty and expense in handing the final decision to the judge or a jury. So to craft the best strategy for each client, we have to take into consideration all risk factors, resources, and legal considerations. The psychological chess game aspect of litigation can also play a significant role in getting the best outcome for the client. Whether at the Municipal, Common Pleas, or Federal Court level we have the trial experience to get your case to a successful conclusion. We can work with clients on an hourly rate basis, but often we can work within a flat fee arrangement once a solid strategy has been developed and approved by the client. In each case, our goal is to get the most value for each dollar the client spends on litigation to advance their interests towards a good and final end outcome.
Judges try their best to interpret and apply the law, but sometimes they just get it wrong. When you get a decision that you are dissatisfied with, you have to take action quickly. A notice of appeal from the final appealable order must be filed within 30 days of the entry. Once the notice of appeal is filed, you will have a limited window of time to order and obtain the transcripts of the relevant hearings and court filings for the Court of Appeals to review. It is important to remember that the Court of Appeals does not take new evidence. It simply looks at the evidence and the procedures followed by the trial court to determine if the trial court made a mistake in interpreting or applying the law.
Under certain circumstances, it is more appropriate to get relief from a judgment or order by filing something called a 60(b) motion which refers to Rule 60(b) of the Ohio Rules of Civil Procedure. This motion is filed at the trial court, and relief can be granted by the court for the reasons outlined in the rule including mistake, excusable neglect, misrepresentations or other misconduct of an adverse party among other things. To prevail, the motion must be filed within a reasonable period of time, and not more than 1 year for most reasons. Also, you must demonstrate that if the court grants the motion, you are likely to prevail if the case is re-opened.
Filing an appeal or a 60(b) motion are two of the most common methods of dealing with bad decisions. To discuss all potential options, and the details of your case, call our office today for a free consultation.
We have and continue to represent a large and diverse number of businesses for their legal needs. These include contracts, commercial leases, employee issues, landlord issues, management issues, real estate issues, zoning variances etc. We also represent and help a number of nonprofit organizations and private and charter schools. With our clients we don't demand large and ongoing retainers. Our business and organization client's simply call us from time to time when concerns arise and they always get a free initial consultation. Often times a 2 minute phone call can save a tremendous amount of hardship and legal expense. Our diverse background and experience in helping businesses allow us to provide quality and high value legal assistance for a full range of business needs.