Free Consultation: (800) 641-1970Tap to Call This Lawyer
Brian Smith

Brian Smith Justia Connect Pro Lawyers, want to be a Justia Connect Pro too? Learn more ›

The Law Offices of Brian J. Smith, Esq.
  • DUI & DWI, Criminal Law, Employment Law ...
  • Ohio
Review This Lawyer
Lawyer Rating and Reviews
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
John Sivinski
John Sivinski March 23, 2024
Rating: 10 Lawyer Rating - 10 out of 10
Mr. Smith holds my respect, as well as the respect of the legal community.
Client Reviews
Jill J. January 31, 2023
Expertise in Unemployment insurance The professionalism and deep understanding and knowledge of unemployment insurance is evident on the part of Brian Smith. The case was resolved with integrity, patience, kindness and justice. All things took place in a timely fashion. Respect was demonstrated at all times. It was a pleasure to work with him. I highly recommend Brian Smith to represent those in need of an attorney with excellent credentials. Thank you.
Kelly C. December 31, 2021
Top unemployment attorneys Brian and John were great to work with and provided the essential information and support to help win my unemployment case. They were personable and eased my anxiety about my case. It was a blessing I found them in my searching! I couldn't have done it without them! Thank you so much!!
Badges
Claimed Lawyer ProfileOffers Video ConferencingQ&ASocial MediaResponsive Law
Biography

Mr. Smith is a highly experienced attorney with a longstanding reputation for delivering exceptional results. With an extensive background in trial advocacy and negotiation, he offers a full spectrum of legal services tailored to meet the needs of diverse clients.

Mr. Smith’s practice areas include criminal defense, unemployment appeals, and DUI/OVI defense, where he is deeply committed to safeguarding the rights of individuals navigating complex legal situations.

Beyond his individual client work, Mr. Smith serves as a trusted advocate for labor unions, providing representation in matters such as contract negotiations, arbitration, and litigation in both federal and state courts. He frequently represents clients before the National Labor Relations Board, the Ohio State Employment Relations Board, and the Department of Labor, working diligently to help unions advance their objectives and protect their members’ rights.

Practice Areas
DUI & DWI
Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Employment Law
Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
Arbitration & Mediation
Business - Arbitration/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
Video Conferencing
  • Zoom
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
  • Rates, Retainers and Additional Information
    For many DUI, OVI and criminal matters I offer fixed flat fees with payment plans.
Jurisdictions Admitted to Practice
Ohio
Placeholder image for jurisdictions.
6th Circuit
Placeholder image for jurisdictions.
Languages
  • English: Spoken, Written
Professional Experience
Attorney/Owner
The Law Offices of Brian J. Smith, Esq.
- Current
Partner
Sivinski & Smith, LLC
-
Associate
Masters & Sivinski
-
Education
University of Akron School of Law
J.D.
-
Honors: While at Akron, Mr. Smith served as an assistant and associate of the Law Review, having an article of his own published in 2005. After graduating, Mr. Smith served as an instructor at Akron, preparing law students for the rigors of legal research, writing and oral arguments. While studying at Akron, Mr. Smith was awarded the Ernest Karam Award of Academic Excellence, the Federal Bar Association Constitutional Law Award, and multiple Excellence for the Future Awards. He graduated summa cum laude in the top of his class.
University of Akron School of Law Logo
Kent State University
B.A. (1996) | Psychology major
-
Kent State University Logo
Awards
Top Attorneys in Cleveland & Columbus
Cleveland Magazine
Professional Associations
Ohio State Bar  # 0079861
Member
Current
Placeholder image for professional associations.
Ohio Employment Lawyers Association
Member
Current
Placeholder image for professional associations.
Cleveland Employment Lawyers Association
Member
Current
Placeholder image for professional associations.
Ohio Bar Association
Member
Current
Placeholder image for professional associations.
Cleveland Metropolitan Bar Association
Member
Current
Placeholder image for professional associations.
National College for DUI Defense
Member
- Current
Placeholder image for professional associations.
American Association of Premier DUI Attorneys
Executive Member
- Current
Placeholder image for professional associations.
Parma Bar Association
Member
- Current
Placeholder image for professional associations.
Ohio Association of Criminal Defense Lawyer's
Board of Directors
- Current
Placeholder image for professional associations.
DUI Defense Lawyers Association
Member
- Current
Placeholder image for professional associations.
Lorain County Bar Association
Member
- Current
Placeholder image for professional associations.
West Shore Bar Association
Member
- Current
Placeholder image for professional associations.
Publications
Articles & Publications
Charles Demore v. Hyung Joon Kim: Another Step Away from Full Due Process Protections
Akron Law Review
Speaking Engagements
How to Obtain a Union Contract in the Public Sector, ATU 268 Membership Meeting
Websites & Blogs
Website
Law Offices if Brian J. Smith, ltd
Website
Brian J. Smith, Esq.
Blog
Ohio Law Blog - Brian J. Smith
Legal Answers
25 Questions Answered
Q. Last evening my 19 year old son passed out while driving on interstate then when off the road striking 4 signs, a
A: He should contact a local experienced OVI attorney.

At the first court date, your son will be given the opportunity to enter a plea. If he cannot afford an attorney, he can also ask the court to appoint one. To challenge the charges, a not-guilty plea would need to be entered.

OVIs are complicated charges and even more so when the driving was not observed, there are prescription medications, and the police use urine tests that show the presence of THC even if it was not used the day of the incident. An OVI attorney can help your son navigate this process and work toward the best possible result.
Q. I was never read my Miranda rights, but that is not in the police report. How do I prove that I wasn't?
A: Miranda advisements must be read prior to a custodial interrogation. They do not generally need to be read during a routine traffic stop, at least not before a person is placed under arrest. An experienced OVI attorney would obtain a copy of any video of the incident, if available, and evaluate whether they advisements were read and whether custodial interrogation did occur. If so, that attorney could move to exclude statements made while in custody.
Q. I'm black male 39, pulled over in the line at a fast food restaurant for an OVI. I blow a .106 should I get legal aid?
A: Hiring an attorney seems to make sense in light of OVI charges that carry with them the potential for jail, probation, fines, a license suspension, and a conviction that cannot be expunged/sealed. You can of course search of a local OVI attorney to hire or you can ask the court for an appointed lawyer. When someone requests an appointed attorney, they are typically required to complete a financial disclosure form to see if they qualify.

.106 is over the legal limit of .08, but there may be many issues to raise including issues about the initial traffic stop, the field sobriety tests, whether they had probable cause to arrest you to ask you to take the breath test, and whether the the test result is ultimately admissible. Experienced OVI attorneys explore this issues and many others to help people achieve the best resolution possible. ... Read More
View More Answers
Contact & Map
The Law Offices of Brian J. Smith, ltd
20545 Center Ridge Rd, Ste. 215
Rocky River, OH 44116
US
Toll-Free: (800) 641-1970
Fax: (855) 241-0700
Satellite Office
222 Bucyrus Ave.
Huron, OH 44839
US
Toll-Free: (800) 641-1970
Fax: (855) 241-0700