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Litigation

White Law Office, Co. > Litigation

I need a divorce, but where do I start?

One of the most difficult questions that one may ask themselves is, “I need a divorce, but where do I start?” Unfortunately, this is a question that you or a loved one may be asking yourself. Here at White Law Office, Co. we strive to help individuals understand their options and bring peace of mind when facing such tough questions. When facing this tough question, the first option that we discuss with clients is one that White Law Office, Co. strongly suggests and recommends. We strongly suggest that the individuals first attempt mediation. There is an abundance of mediation services throughout the region. In an attempt to save the marriage, we strongly encourage parties to seek mediation first.  However, mediation may not be the best option for you. Depending upon your situation and the issues that you are facing, your starting point may defer. Under Ohio law, there are several options for dissolving a marriage. For instance, a divorce may not be the right choice for you or your loved one. Instead, it may be best for you or your loved one to pursue a dissolution or legal separation.   When you and your spouse cannot agree as to whether the marriage should be dissolved, and a dispute arises between the parties involving marital/ separate property or custody of the minor children, a divorce action may be appropriate. The first step in the divorce process is to draft all the necessary pleadings- including but not limited to:   1.     The Complaint for Divorce; 2.     Motion for Temporary Orders (if necessary); 3.     Required...

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5 Questions to Ask When Looking for an Attorney

Finding an attorney adds stress to an already stressful situation. So, when you realize you need an attorney how can you be sure that you find the right one? 1. Does the attorney have a reputation for being able to handle your kind of matter? The single greatest factor in most people’s search for an attorney is personal recommendations. Ask your friends, family, neighbors, pastor, or other service providers who they recommend. Then ask them why they recommend that attorney. Is it because they got the job done quickly? Did the attorney keep them informed? What exactly was it that made them recommend that attorney to you. After looking for personal recommendations, search out the attorney on the internet and on social media. What are other people saying about the attorney? Do they advertise the kind of work you need? Have they written articles on the work you need? Using a combination of personal recommendations and online reviews can help lead you to an attorney that may fit your needs. 2. Does the attorney listen to your situation before recommending a solution? Once you are found an attorney you need to meet with them. This is usually in person, but it can also be done over the phone or via video chat. When you are meeting with the attorney the first time, who is doing most of the talking? That first meeting should start with you doing most of the talking and the attorney asking questions. Every situation is unique, and if the attorney doesn’t take time to...

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Embezzlement: How to Catch A Thief (Part 1)

If you are a business owner, how do you know if the person in charge of the books is not skimming off the top? What checks and balances do you have in place to ensure more than one person is looking at the financials? It should be an area that business owners review regularly but often times it's easy to get caught up in the day-to-day operations of the business. Things like the bank reconciliation statements and cash flow statements get put on the back burner for review at a later date. So what exactly is embezzlement? Embezzlement is the act of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type of financial fraud. It's an employee who has taken it upon themselves to dictate how company money is spent and who feels a sense of entitlement. It's an abuse of power and the trust that the employee has been given. Let's start looking at ways to mitigate the chances of an employee embezzling money and look at potential red-flags. There are various studies done on an annual basis to determine the effects of embezzlement. One of the main things business owners can do to prevent embezzlement is getting to know their employees and looking for different characteristics as described below. The 2018 Hiscox Embezzlement Study states that...

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Giving Testimony: High Anxiety Part 2 – The Number One Mistake

Welcome to Part Two of my series of observations on the high anxiety of giving testimony. In this part, the number one mistake made by witnesses. Giving testimony is really a fairly simple procedure. Attorneys ask questions and witnesses give answers. Most questions are about something the witness has experienced. So, a good pattern of questions is similar to a journalist conducting an interview: who, what, when, where, how and why? Simple, right? Not so much. Especially with the "why" question, witnesses often commit the number one mistake in testifying: they guess. Whenever a witness says: "I guess," "I would imagine," "I'm pretty sure," "I suppose," or "from what everyone has told me," you know the witness is heading for trouble. Most of the time the last answer "what everyone has told me" is not allowed by the hearsay rule, but if you are an attorney whose witness is guessing, any objection you make in effect says "Sorry, Your Honor, my witness is an idiot and doesn't know what they are talking about." This is not a good position to be in when it is your witness testifying, much less if it is your client testifying. Why is guessing an answer the number one mistake in testifying? Because most of the time you will guess wrong! It never fails. Most guesses given under oath are just plain wrong. Trust me on this. I have had almost 40 years' experience of listening to bad guesses. Good trial attorneys know that. This is why if it is...

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Giving Testimony: High Anxiety Part 1

As a lawyer and judge, I have been around people giving testimony for about 40 years. Every time I reach the end of a trial or a round of depositions (before trial testimony given in lawyers' offices), I promise myself to write about the experience that I have seen so many go through (and occasionally gone through myself). Here are some of my observations about testifying for good or ill. The anxiety begins with the Oath or Affirmation. Anxiety, often high anxiety, is built into the process of testifying. Giving any testimony requires that you raise your right hand and swear or affirm, to tell the truth, the whole truth and nothing but the truth. Swearing an oath to testify truthfully is in the form of, "Do you solemnly swear the that your testimony shall be the truth, the whole truth and nothing but the truth?" to which the witness responds, "I do." The purpose of the oath is to impress the witness with the solemnity of the trial and summons thoughts of divine retribution for lying under oath (which is also a seldom prosecuted crime called perjury). While I have never seen bolts from the sky strike down a perjurer, I have from time to time moved my chair to put greater distance between me and a witness that I highly suspected was lying. You know, just in case. As an alternative to taking an oath, a witness may "affirm the tell the truth, the whole truth and nothing but the truth...

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What a Trial Lawyer Knows About Trials

What a Trial Lawyer Knows About Trials Posted by Thomas D. White in Litigation Often when I sit down with a new client to discuss how they feel they need to sue someone or someone has sued them, we first have to work through the shock of why they are in a lawyer’s office. We need to know where lawyer’s offices and doctor’s offices are but somehow we hope we will never need them....

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