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Brian Smith Esq

Brian Smith Esq

The Law Offices of Brian J. Smith, Esq.
  • DUI & DWI, Criminal Law, Employment Law ...
  • Ohio
Review This Lawyer
Reviewed by 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!!
Reviewed by Veronica C. October 27, 2021
Helped me win my unemployment case.
Thank you so much for representing me on my unemployment hearing and through the whole process. Highly recommend using this law firm. Brian was incredibly helpful, explained everything in detail and was there throughout every step of the way. I cannot recommend him highly enough! Thank you, thank you!
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Biography

Brian Smith provides aggressive, experienced, and effective legal representation to every person served, so they feel confident that their rights are protected, their interests are served, and their results are maximized.

Mr. Smith uses his trial and negotiation skills in a successful practice where he has developed expertise in representing men and women in felony and misdemeanor criminal matters, OVI/DUI cases, and unemployment appeals. He strives to provide personalized representation, making each and every case and client his most important case.

Mr. Smith offers flat fees and payment plans whenever possible for criminal and DUI/OVI cases. He also understands that hiring a lawyer while unemployed can be very difficult, so whenever possible for unemployment appeal cases he offers contingency fees with no fee until he wins back-payments for his clients.

Mr. Smith also provides legal representation to labor unions by successfully representing them during contract negotiations, arbitrations, before federal and state courts, the National Labor Relations Board, the Ohio State Employment Relations Board, as well as the Department of Labor.

Mr. Smith resides in Huron, Ohio with his main office in Rocky River, Ohio. He provides representation along the northern coast of Ohio, from Cleveland to Toledo.

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, Consumer Arbitration, Family Arbitration
    Traffic Tickets
    Suspended License
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
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6th Circuit
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
The Law Offices of Brian J. Smith, Esq.
- Current
Partner
Sivinski & Smith, LLC
-
Associate
Masters & Sivinski
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Education
University of Akron School of Law
J.D.
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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
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Kent State University Logo
Awards
Top Attorneys in Cleveland & Columbus
Cleveland Magazine
Professional Associations
Ohio State Bar  # 0079861
Member
Current
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Ohio Employment Lawyers Association
Member
Current
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Cleveland Employment Lawyers Association
Member
Current
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Ohio Bar Association
Member
Current
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Cleveland Metropolitan Bar Association
Member
Current
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National College for DUI Defense
Member
- Current
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American Association of Premier DUI Attorneys
Executive Member
- Current
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Parma Bar Association
Member
- Current
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Ohio Association of Criminal Defense Lawyer's
Board of Directors
- Current
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DUI Defense Lawyers Association
Member
- Current
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Lorain County Bar Association
Member
- Current
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West Shore Bar Association
Member
- Current
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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.
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Contact & Map
The Law Offices of Brian J. Smith, ltd
20545 Center Ridge Rd, Ste. 215
Rocky River, OH 44116
Toll-Free: (800) 641-1970
Fax: (855) 241-0700
Satellite Office
222 Bucyrus Ave.
Huron, OH 44839
Toll-Free: (800) 641-1970
Fax: (855) 241-0700
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