Whether it is at home, in litigation, or in a negotiation, there are moments in life where continuing to communicate will push you further from your goal. Knowing when to stop the communication requires some intuition and experience. A feel for whether you can convince the other side to "see the light." No matter how … Continue reading Knowing when to stop the dialogue.
If you're starting a business, the first thing you need is not an attorney. What you really need is a viable business model.
"I'm protected, I have a LLC." I've heard it a thousand times. As a lawyer, it frustrates me to no end. I don't want to burst anyone's bubble, but filing a LLC, alone, does nothing to protect anyone from anything. Why is that? The idea behind a limited liability company is that is a separate … Continue reading A word about LLCs
I finally had the conversation with my mom that I had been fearing. Mom had been clinical from October until December - literally three months in a row. She'd have a month long hospitalization, then she'd be discharged. Within a week, she'd be pink slipped again. I just kind of kept my hands off the … Continue reading Finally had the conversation – you aren’t going home.
The Ohio Legislature is busy reviewing and revising the statute of limitations for contracts. Again. Service providers and lenders, listen up. R.C. 2305.06, provided a fifteen (15) year statute of limitations to bring a civil action to enforce the rights of a written contract, but this law was changed by the 129th General Assembly when … Continue reading Changing the Statute of Limitations – Again?
The matter I hate the most? When a homeowner calls reporting problems with a contractor. Why? There is only so much I can do before the cost of my services are going to outweigh the remedies or benefits that are available to the homeowner. Why is that? It's situational. Sure, I can file a lawsuit … Continue reading Home Improvement Contracts
Here are a few things that have made my life easier as a caregiver: Code locks on family member's home - I hate when I've needed to get into mom's house, but can't because I left her keys at home. A code lock has vastly improved my life in that I don't have to go … Continue reading Make your life easier – hacks for being a caregiver
Just a reminder as we are at the beginning of 2019... The Ohio Tax Commissioner set the statutory interest rate on judgments to 5%. Make sure your motions and entries reflect this change.
Being a Caregiver to a Family Member with Clinical Mental Illness I don't know if it was because it was my mom, or if it was my Super Man complex (not actually a thing) coming into play, but when I got the call mom was in the Emergency Department, I immediately went into fix-it mode. … Continue reading You Ain’t Atlas – Caregiver
A brief anecdote of how my journey as a caregiver to a family member with mental illness began It was the summer after my sophomore year of college when I found out my mother had a clinical mental illness. I was sound asleep when the phone rang. "Is this Chris Murphy?" asked an unfamiliar voice. … Continue reading My Baptism – Caregiver Journey
It's been almost five years since I wrote on this here blog. Handled a couple thousand matters - found a good friend to practice law with and have assembled an outstanding staff of good folks. My practice is generally geared towards business and healthcare providers, license holders, permits, small businesses, etc. Those are the clients … Continue reading This thing still work?
In Markel v. Wright, 2013-Ohio-5274, Brooke Markel, the Plaintiff, sued the former owners of her home after encountering moisture in her basement. To remedy the wet basement, the Plaintiff spent $16,500 to waterproof the basement. Prior to selling the home, the Wrights, the former owners and Defendants, properly disclosed they had previously encountered moisture in the basement, … Continue reading Selling Your Home? Be Sure to Disclose Any Known Issues.
In State v. Sullivan, 2013-Ohio-5276, the Fifth District Court of Appeals tackles whether it is constitutional for law enforcement to attach a GPS monitoring device to a suspects car without a search warrant. In short, law enforcement believed the suspect, Montie Sullivan, was involved in a series of home invasions. Due to limited government resources, law enforcement … Continue reading Attachment of GPS Device Without Warrant Violates 4th Amendment
The Fifth District Court of Appeals has rendered its decision in Phoenix Fin. Solutions, Inc. v. Jackson, 2013-Ohio-5280. In this case, the Defendant entered into a promissory note for the purchase of a motor vehicle. The Defendant defaulted on his payments resulting in the automobile being repossessed and a deficiency on the promissory note. The … Continue reading Court of Appeals Upholds Contractual Rate of Interest
I am not sure who to blame for this. Perhaps it is the fault of lawyers who fail to properly advise clients when a power of attorney is signed. Or, maybe what I am seeing is the result of the information age where forms and documents are readily available and people do not realize they don't … Continue reading “But I’m the power of attorney” — Good for you