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Category Archives: Public Interest Law

10 Things An Attorney Can Do For You

Author By Paul S. SianPosted on

infographic of the 10 things Finney Law Firm can do for you

10 Things Finney Law Firm Can Do For You

Often times when people think of attorneys they think of lawsuits or criminal charges and as a result that is why they need an attorney. While attorneys are needed to help you deal with lawsuits and criminal matters that is not the end of the list of what an attorney can help you with. To help you get a better idea of how an attorney can help you I have compiled this list of 10 things that Finney Law Firm can do for you. While this list is by no means an all-inclusive list it is designed to show you areas where Finney Law Firm has the expertise to help you work through a matter and save you money or save you from legal headaches in the future.

1.  Real Estate Matters

In many states in the U.S. (Ohio and Kentucky are no exceptions) attorneys are involved in many of the steps of the real estate buying and selling transaction. Often times attorneys are involved behind the scenes in reviewing contracts, legal documents, preparing title opinions and more. In certain states attorney have more hands on involvement in that any closing involving real estate is done by an attorney or under their direct supervision.

Finney Law Firm attorneys can assist individual buyers and sellers in the buying and selling process for both residential and commercial properties. As a real estate buyer you can ask an attorney to look over your offer to purchase a home to make sure it represents your best interests. Sellers may also want to hire an attorney to review any purchase offers and explain to them the requirements they will be bound by if they accept that offer. Some land purchases involve more complicated matters like mineral rights, multiple pieces of land being sold in one package, or liens by having an attorney represent picture of seller disclosure statementyou gives you get extra protection by having the legal considerations addressed by someone trained in those matters.

2.  Business Planning

Are you planning on starting a new business, incorporating an existing business, or changing the corporate structure (i.e. going from an S Corporation to a C Corporation) of your current business? Many activities related to business planning should have an attorney involved in order to make sure everything is done properly. Changing your business status from a sole proprietor to a Limited Liability Company or a corporate form without doing the proper paperwork for taxes will leave you at risk with the federal and local tax authorities. While you may have unintentionally not filed some of the proper tax paperwork that will not stop any associated penalties. By working with a Finney Law Firm attorney you can be assured all your paperwork will be properly prepared and you will be fully informed as to what each document means to you in your business.

By working with an attorney to properly prepare your paperwork you have someone who is familiar with your business and will be ready, willing and able to help you should the need arise. While you can go hire an attorney at a moment’s notice to help out with legal issues, that attorney will not be as familiar with your business as one who has been working with you on an ongoing basis. For more information on the LLC form of a business see LLC see the article Why Do You Need An LLC.

3.  Family Planning/Estate Planning

Marriage

Planning on getting married soon? Do you and your spouse have assets you want to keep separate in case of divorce? While the love and bliss of courtship lead you to think the relationship will last forever things and people do change. If you or your significant other own part of a family business, own your own business, have a large sum of assets from inheritance or from earnings then it is advisable to get a pre-nuptial agreement prior to getting married. A pre-nuptial agreement is a document that can protect assets for both of the people about to be married. Unless properly prepared by an picture of fighting couple for divorce and family lawattorney and taking into account all assets a pre-nuptial agreement may not be worth much in the event of divorce. Therefore pre-marital planning should involve an attorney and the couple about to be wed. In many cases it may be best for each person to have their own attorney look over the pre-nuptial agreement to represent each person’s best interests.

Family

Now if you are married and have kids there are other considerations to take into account. Those considerations mostly revolve around making sure your children and/or spouse are taken care of in the event of your passing. This is where sitting down with an estate planning attorney comes into play. An estate planning attorney will sit down with you and review your assets and your goals for your assets in case of death. This could involve setting up trusts for your spouse and/or children, guardianship arrangements for minor children, living wills, health care power of attorneys and more.

Depending on the amount of assets you have to give to your family and how you want to distribute those assets a trust may be a better option for you. A trust not only preserves your assets for your children it can also make sure you children still get their inheritance in the event your spouse later remarries. Inheritance can get quite complicated so it is best to talk with an estate planning attorney to make sure your assets are distributed the way you want them to be. For more information on wills and guardianship see my article How a Will and Trust Factor Into Your Estate Planning.

4.  Legal Document/Contract Review

Have you been suddenly presented with a legal document with request for signature? Do you know what the document is meant to do and how you may be legally bound if you sign the document? If you don’t know what the language is saying or how it will impact if you sign it then by all means you should be speaking with an attorney to have them look over the document and explain to you what exactly is being asked of you. Common examples of legal documents you may be signing throughout your life include documents related to the purchase and sale of real estate, purchase or sale of a business, non-disclosure agreements for work or other purposes, waiver or release of liability paperwork, settlement documents and more.

Signing any legal document without having full understanding of what sort of obligations you may face is asking for trouble. While the language may not talk in dollars and cents terms you could end up owing plenty of money if you signed a legal document and then failed to do what was required of you under the terms of the document. An attorney will be able to review your legal document document for signatureand give you an opinion on what it is asking for and what risks you face in signing the document. Don’t sign just because the person giving it to you says it is ok, get another opinion before it is too late.

5.  Labor and Employment Law

Do you run a business where you are responsible for the hiring and firing of employees? Want to make sure any terminations or hiring are done correctly and there is minimal risk of you being sued for discrimination? Or maybe you are wanting to setup health plans or retirement plans for your employees and unsure of the way to go about setting up those plans?

If you answered yes to any of the above questions then you should be talking with a labor and employment law attorney who can prevent you from taking the wrong moves which end up costing you money and more. Having an effective attorney advocate at your side assures you that you can concentrate on working on your business while any legal issues are promptly dealt with for you.

6.  Bankruptcy

Unsure if you can manage paying off your debts? Afraid of losing your house because you are behind on payments? Worried that your debts are impacting your health due to the constant stress? Or maybe health related expenses have hurt you financially. All of the above situations can be resolved through filing for bankruptcy. You will not know if bankruptcy is suitable for your situation until you sit down and discuss your situation with a bankruptcy attorney and learn about what filing for bankruptcy means.

In bankruptcy you are asking a bankruptcy court to set aside your debts under Chapter 7 (not all debts may be discharged) or to reorganize your debts into a more manageable payment plan under Chapter 13. Determining which Chapter will work best for you is a decision to be made in conjunction with a bankruptcy attorney. picture of a wallet in a viceBusinesses as well as individuals are eligible to apply for bankruptcy when they are unable to pay their debts.

7.  Taxes, Taxes and more Taxes

Unaware of what taxes your need to pay for your business? Want to pay less to the Tax Man and let your family inherit more? Own a piece of property that you think you are paying too much taxes for? All of the above are matters that can be addressed by an experienced attorney at Finney Law Firm.

Business planning involves dealing with tax matters and understanding all the tax jurisdictions involved. Not only do you have to consider federal and state taxes but there are also the city, municipality, and possibly county taxes to take into account. Miss any payments to one of these tax collecting entities and your business will be at risk. By sitting down and discussing with an attorney what your business does and where it will be performing its business your attorney can better advise you as to what taxes you need to make sure are paid.

Property tax is another big issue for both residential and commercial land owners. Property tax collectors sometimes base their tax collection rates on the overall health of the real estate market in a region as opposed to your specific piece of land. Maybe you have change in situation that has lowered the value of your property but your property taxes still remain where they were before. An attorney will be able to look at your particular situation and then prepare the proper paperwork to request that your property valuation be looked at in order to get a possible downward adjustment in value thus reducing your property tax payment.

As mentioned in item 3 above a will can help you take care of your family in the event of your passing. Wills along with trusts can also shield your assets from estate taxes that can be charged to your estate. Also known as the “Death Tax”, this tax on your wealth can be minimized depending on the amount of wealth and how you deal with it now. As each individual has their own unique asset situation a consultation with an Estate Planning attorney will help you best decide how much of your assets get caught up in the “Death Tax”.

8.  Litigation

When faced with litigation the last thing you want to do is ignore any requests for information nor do you want to provide answers without the guidance of an attorney in order to save money on legal bills. The answers and the way you answer pre-litigation questions (depositions and/or interrogatories) can make or break a case for you. Therefore it is in your best interest to answer these questions with an attorney present so they can stop you from answering questions you should not be answering. By having an attorney represent you in litigation from the beginning you are bringing along a valuable partner who not only will have knowledge of your case but also have the skills to defend you in a court of law. If an attorney has to be brought in later to a litigation matter it will usually be the case that they will have to spend more time in order to become fully informed of the situation which will cost you more than if you had hired an attorney at the start.

Whether you are being sued for something your business did, something an employee of yours did or you are suing someone who injured you the attorneys at Finney Law Firm have a great depth of picture of gavelbackground and litigation experience to assist you in your litigation matter. Finney Law Firm has successfully litigated cases related to caregiver abuse of children, business transactions, personal injury cases, failure to disclose in residential and commercial real estate matters, contract disputes and more. Finney Law Firm has won a number of cases that have went before the U.S. Supreme Court.

9.  Personal Injury

If you have been injured by someone or someplace where the situation was preventable you may want to discuss your injuries with an attorney. Especially where you have suffered losses due to being unable to go to work, out of pocket medical bills, or other pain and suffering you may be able to be compensated for those losses. A lot of this depends on how the injury occurred and whether or not someone’s negligence leads to your injury. By talking with an attorney you get a better idea of where you stand if you do wish to seek recovery for your injuries.

10.  Criminal Matters

Are you being charged with a crime? Whether that crime is driving while under the influence (DUI), reckless driving, theft or something else having an attorney represent you for the criminal trial is your right. In order to determine the severity of the charges and the amount of jail time or fines you can face you need to speak with an attorney as soon as you are able to. Facing a criminal charge is not picture of prison cellsomething you should try and handle on your own as those who will be prosecuting you are professionally trained. By having a knowledgeable and experienced attorney like those found at Finney Law Firm on your side you can be assured you will be getting the best representation possible.

Do you have any questions about the services above?

Paul Sian is a licensed attorney in the States of Ohio and Michigan.  If you feel you need the services of an attorney or have questions about any of the services named above feel free to contact me at paul@finneylawfirm.isoc.net or via phone at 513-943-5668.  Connect with me on Twitter and Facebook.

“6th Circuit loses patience with IRS”

Author By Christopher P. FinneyPosted on

The above headline — a great headline — greeted us from today’s Washington Post, for an article describing a decision issued today from the 6th Circuit Court of Appeals on the case in which we are local counsel — NorCal Tea Party v. United States of America.

That case addresses the abuses at the IRS over the segregation and targeting of conservative groups for slowed consideration of their tax exemption applications, and harassment in the form of illegal and over-burdening questioning and extra reviews of their applications.  It is the only case addressing the abuses at the IRS that is still proceeding and the only case to achieve class certification status.

In that case, the Plaintiffs are seeking the spreadsheets showing the list of the targeted groups, and certain details of the extra scrutiny they endured.  Federal District Court Judge Susan J. Dlott had ordered that the IRS produce that list.  The IRS first asked her to reconsider that decision and then appealed the decision to the 6th Circuit Court of Appeals.

Today’s opinion upheld that decision of Judge Dlott.  The decision is here.

Nominally, the decision was a detailed analysis of the taxpayer confidentiality statute, 26 USC Section §6103.  But the unanimous 6th Circuit panel decision authored by Judge Kethledge, did so much more than that.

  • First, it provided a detailed recitation of the alleged abuses of the IRS in targeting and discriminating against tea party groups;
  • It also laid out a scorching criticism of the IRS and its counsel for fighting every issue in the litigation, including discovery, beyond reason.

The opinion has garnered widespread media coverage as well:

Our firm is proud to participate in this historic and important litigation.

 

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6th Circuit upholds Finney Law Firm victory in striking Ohio “False Statements” statute

Author By Christopher P. FinneyPosted on

On Wednesday, the 6th Circuit Court of Appeals upheld the decision of Federal District Court Judge Timothy Black to strike down Ohio’s “False Statements” statute as a violation of the First and Fourteenth Amendments to the United States Constitution.  The decision in  Susan B. Anthony List v. Ohio Elections Commission is here.  The Finney Law Firm represented in this litigation the Coalition Opposed to Additional Spending and Taxes (COAST), which had joined the litigation as an intervening Plaintiff.

The litigation commenced in 2010 when the Susan B. Anthony List put out press releases and attempted to erect billboards that explained that Congressman’s Steve Driehaus’ vote for the ObamaCare legislation was a vote for taxpayer funding of abortions.  Driehaus filed a “False Statements” complaint on the pronouncements before the Ohio Elections Commission.  Susan B. Anthony List sued, claiming the statute violated its free speech rights under the U.S. Constitution.  COAST intervened in the litigation claiming that it, too, desired to make these same statements but was “chilled” by the threat of administrative and criminal prosecution.

Under Ohio’s statutory scheme, anyone can bring before the Ohio Elections Commission a claim that someone uttered a “false statement” in the course of an election campaign, intending to impact the outcome of the election.  Then, the panel had to first decide if there was “probable cause” that the utterance violated the statute.  Discovery would ensue, and then a trial would be held to ascertain if the statement was knowingly false of reckless — in the judgment of three Republicans, three Democrats and an independent.  If so, they would make a public finding of falsehood, and could refer the matter for further criminal prosecution.

The problems, of course, with this process, include that (i) it places the judgment of campaign falsehood in the hands of highly political, non-attorney, non-judicial political appointees who fail to understand the breath of First Amendment protections, (ii) it becomes a cudgel in the hands of political opponents, and (iii) therefore has the effect of suppressing entirely truthful speech for fear of a protracted and expense

Over the decades that Ohio’s False Statements statute was in effect, there have been many attempts to challenge the constitutionality of the law, but the 6th Circuit previously had ruled that a very similar statute was constitutional.  Further, each new attempt to challenge the statute was rebuffed by trial courts and the appeals court as lacking “standing” to challenge the law.

In April of 2014, the Finney Law Firm went to the United States Supreme Court on that “standing” issue and prevailed 9-0 in a Clarence Thomas-authored opinion.  That decision is here.  That case was unique for many reasons, not the least of which was the varied amicus briefs the litigation attracted, including one from Ohio Attorney General Mike DeWine attacking the law, although he is the attorney charged under Ohio’s Constitution with defending it.  That June 2014 “victory” merely placed the decision back before the trial court.  In September of that year, Judge Timothy Black ruled in favor of Plaintiffs and permanently enjoined the statute.

Wednesday’s 6th Circuit ruling upheld that decision of Judge Black.

The Ohio Elections Commission can now either accept the 6th Circuit’s ruling, or can elect to ask all 15 judges on the 6th Circuit to review the ruling en banc or appeal that ruling to the United States Supreme Court.  In oral argument and a prior ruling in United States v. Alvarez and at oral argument in the Susan B. Anthony List case, both liberal and conservative members of the Court indicated that they thought statutes like Ohio’s are unconstitutional.  Further, the High Court accepts fewer than 1% of all cases presented to it.  Thus, this should be the “end of the line” for prosecution under Ohio’s False Statements statutes.

Finally, Finney Law Firm is currently prosecuting three cases in this vein: (i) the Susan B. Anthony List case, (ii) COAST v. Ohio Elections Commission (known as the “tweets” case that is pending before the 6th Circuit), and (iii) Magda v. Ohio Election Commission that is pending before the 10th District Ohio Court of Appeals in Columbus.  Wednesday’s victory should seal the fate in the other two cases as well.

In all, Wednesday was a good day for free speech in Ohio.

Media coverage of this decision is linked below:

Professor Volokh/Washington Post: Court strikes down Ohio ban on knowing or reckless falsehoods …

Cleveland Plain Dealer: Ohio politicians can legally lie in campaign ads, appeals court says

Columbus Dispatch: Appeals court strikes down ban on campaign lying

AP: Court axes law banning campaign lies

ABA Journal: Appeals court strikes down Ohio laws banning political lies

 

 

Forbes Magazine writes about our IRS litigation before Judge Dlott

Author By Christopher P. FinneyPosted on

We are proud to act as local counsel in the case Nor Cal. Tea Party v. IRS before Judge Susan J. Dlott.  We write here that last month Judge Dlott certified the matter as a class action, an important development in a very important piece of litigation.

Here, Forbes Magazine’s Peter J. Reilly writes on the litigation.  He takes a decidedly conspiratorial and liberal bent against the Plaintiffs in the matter, alleging dark money connections and “weaponization of non-profits,” a new favorite accusation from left-leaning pundits.

He concludes:

At least for the upcoming election cycle, they have pretty well defanged the IRS, but it may be that this litigation is meant to be part of stomping on it and grinding it into the dust.

 

 

 

The gnashing of teeth over anticipated Friedrichs decision continues

Author By Christopher P. FinneyPosted on

Today’s NYT contains yet more preemptive gnashing of teeth about the claimed radically-conservative U.S. Supreme Court: Scalia’s Putsch at the Supreme Court.

In that opinion piece, Contributing Op-Ed Writer Linda Greenhouse demonizes in the strongest manner liberals can our esteemed co-counsel over the years in a number of cases, Michael Carvin of Jones Day: “a leading figure behind the two failed challenges to the Affordable Care Act.”
Then, she attacks Friedrichs not on the intellectual clarity of the compelled speech argument, but rather — heaven forbid — that the decision represents change for a country weary of change, quoting with favor Justice Breyer: “You start overruling things, what happens to the country thinking of us as a kind of stability in a world that is tough because it changes a lot?”
Regardless of how you view the expected outcome in Firebricks, one has to see the irony in the NYT and SCOTUS gnashing teeth about “change” right after the Court’s legalization of gay marriage, and the host of other judicially-imposed societal adjustments foisted upon a nation by these nine “legislators.”

Refreshing: A Court that understands the breadth of the First Amendment

Author By Finney Law FirmPosted on

In Serafine v. Branaman, et al. the U.S. Fifth Circuit Court of Appeals recently ruled that a Texas law proscribing one’s ability to claim to be a psychologist fails Constitutional muster in the context of a political campaign. The case is part of a national trend in the wake of the the Alvarez, Stolen Valor Act decision, apply strict scrutiny to speech that is arguably both “political” and “commercial.”

Dr. Serafine, an attorney who completed a four-year post doctoral fellowship at Yale and whose dissertation for her Ph.D. in education was published in a psychology journal, Genetic Psychology Monographs, ran for the Texas state senate in 2010. Previously, Serafine had been a professor in the psychology departments at Yale and Vassar, even though her lack of a doctorate in psychology prohibits her from receiving a license to practice as a psychologist. Nonetheless, Dr. Serafine referred to herself as a “psychologist” in her campaign materials and website, as she was known collegially and in her role as a professor of psychology as a psychologist notwithstanding her lack of the formal credentials.

During her 2010 campaign for the Texas State Senate, the Texas State Board of Examiners sent Serafine a letter informing her that her political materials referring to herself as a psychologist violated state law and ordered her to cease using the title “psychologist” on her campaign website. Ultimately, Dr. Serafine did remove the title “psychologist” from her campaign materials but brought suit against the chairman and executive director of the State Board of Examiners claiming that the Texas Psychologists’ Licensing Act violates the First and Fourteenth Amendments.

Read the Court of Appeals decision here.

Read more from on the case from Eugene Volokh here.

Judge Susan Dlott certifies class action in Tea Party v. IRS litigation

Author By Christopher P. FinneyPosted on

Today, U.S.  District Court Judge Susan Dlott certified a class action in the lawsuit against the IRS for its illegal targeting of Tea Party groups.

The Finney Law Firm is proud to join lead attorney Eddie Greim of Graves Garrett in Kansas City and local attorney David Langdon in representing the Tea Party groups in this litigation.

The scandal, which broke into the news in the summer of 2013 with stories of how the IRS first segregated applications for tax exempt status from Tea Party groups and then subjected those applications to prolonged delays, intrusive questioning, and additional scrutiny that other groups seeking the same tax treatment did not receive.  Lois Lerner was widely identified as having conceived and advanced the discriminatory treatment of liberty groups.

The Wall Street Journal has today’s development here and the Cincinnati Enquirer has good coverage of the topic here.  Previously, Judge Dlott ruled in favor of the Tea Party groups in denying the government’s motion to dismiss the suit, and has compelled production of key evidence the government has sought to conceal.

 

Are you entitled to a refund on Indian Hill School District Class Action Settlement? Here are the details

Author By Christopher P. FinneyPosted on
This firm was privileged to serve as class action co-counsel along with Maurice Thompson of the 1851 Center for Constitutional Law and Paul DeMarco of the Cincinnati firm of Markovits, Stock and DeMarco in securing a refund of illegally-collected taxes levied by the Indian Hill School District for 2010 through 2014.  That legal team has settled claims for our clients relating to the over-assessment and payment of taxes totaling $5.5 million.
A recent article in the Cincinnati Enquirer about the law suit (Sanborn v. Indian Hill Local School District) and the settlement are here.
In the Spring of 2016, class members should be receiving notices from the Settlement Administrator about how to obtain their refund.  Taxpayers must respond in order to get their refund check.
  • PLEASE NOTE: If you or someone you know owned property in the Indian Hill School District for those years and have since sold the property, the Auditor’s Office, and therefore the Settlement Administrator, may not have your address and you may not be notified of your right to receive a refund.  In order to obtain notices about the refund, please be sure to contact the Settlement Administrator noted below and provide the following information: (a) your name and address, (b) the property you owned, and (c) the period you owned the property.
The class includes every property owner who paid the illegal levy for the years in question and includes both residential and commercial property owners.  The amount of the refund will vary by property and payor, but we estimate the average refund will exceed $800.
Here is what is going to transpire on this settlement:
    1. The court-appointed Settlement Administrator will send a letter to every class member who can be identified in the Spring.
    2. The Settlement Administrator will have calculated the pro-rata share of refund due to each taxpayer, which amount will be included in each notice.
    3. The recipients of the letters must respond to receive their refund.  They can also opt to donate the monies to the Indian Hills Public Schools Foundation.
    4. If payors of tax bills cannot be identified, or if they fail to respond, their pro-rata share of their refund will be paid to the Indian Hills Public Schools Foundation.
    5. Inquiries should be sent to the Settlement Administrator:
Dr. Harvey Rosen, Ph.D.
Burke, Rosen & Associates
2800 Euclid Ave., Suite 300
Cleveland, OH 44115
(216) 566-9300
Settlement@Indianhillsettlement.com
There is also a web site about the settlement: IndianHillSettlement.Com.
If you have any questions, please give Chris Finney of this office a call at 513-943-6655 or email him at Chris@FinneyLawFirm.Com.

Rundown on some of Friedrichs/U.S. Supreme Court oral argument coverage

Author By Christopher P. FinneyPosted on

Traditional media as well as Twitter and other social media outlets are ablaze with coverage, advocacy and commentary on the U.S. Supreme Court oral argument today in Friedrichs v. California Teacher’s Association, which has positioned itself to overturn forty years of precedent allowing public employees to be forced, as a condition of their employment, to pay dues to a chosen labor union.

Those counting votes noted an apparent Court majority that appears in favor of reversing the precedent in Abood v. Detroit Board of Education that in 1977 allowed unions and government entities to negotiate such compulsory arrangements.  It is always difficult to predict the outcome of a court case, high-profile Supreme Court cases being no exception.

Links to some of the major articles are below:

New York Times: Supreme Court seems poised to Deal Unions a Major Setback

Washington Post: Justices critical of forced union fees for public workers

Wall Street Journal: High Court appears to oppose public-sector union fees

The Hill: Supreme Court casts doubt on mandatory union fees

LA Times: Supreme Court conservatives appear ready to overturn mandatory union fees

A decision is expected before the Supreme Court adjourns for this term in June.

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