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.
- 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.
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- Kent State University
- B.A. (1996) | Psychology major
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- Attorney/Owner
- The Law Offices of Brian J. Smith, Esq.
- - Current
- Partner
- Sivinski & Smith, LLC
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- Associate
- Masters & Sivinski
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- How to Obtain a Union Contract in the Public Sector, ATU 268 Membership Meeting
- Top Attorneys in Cleveland & Columbus
- Cleveland Magazine
- 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
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- West Shore Bar Association
- Member
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- Ohio
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- 6th Circuit
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- Free Consultation
- Credit Cards Accepted
- Contingent Fees
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Rates, Retainers and Additional Information
For many DUI, OVI and criminal matters I offer fixed flat fees with payment plans.
- 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
- English: Spoken, Written
- 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 ... Read More
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