Brian Smith Esq

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.

University of Akron School of Law

J.D.

2001 - 2005

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.

Kent State University

B.A. (1996) | Psychology major

1992 - 1996

Attorney

The Law Offices of Brian J. Smith, Esq.

2015 - Current

Partner

Sivinski & Smith, LLC

2009 - 2015

Associate

Masters & Sivinski

2005 - 2009

Charles Demore v. Hyung Joon Kim: Another Step Away from Full Due Process Protections

Akron Law Review

January 1, 2005

How to Obtain a Union Contract in the Public Sector, ATU 268 Membership Meeting

January 1, 2010

Top Attorneys in Cleveland & Columbus

Cleveland Magazine

2015

Ohio State Bar  # 0079861

Member

Current

Ohio Employment Lawyers Association

Member

Current

Cleveland Employment Lawyers Association

Member

Current

Ohio Bar Association

Member

Current

Cleveland Metropolitan Bar Association

Member

Current

Ohio

Since 2005

6th Circuit

Since 2005

• 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.

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

Q. Last evening my 19 year old son passed out while driving on interstate then when off the road striking 4 signs, a

April 18, 2022

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?

January 11, 2022

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?

January 4, 2022

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.