General field of law

Domestic
Criminal
Litigation

E- Discovery
● Electronically stored information (ESI) on various platforms used for
discovery in cases.
● Lawyers are now required to have a base level of experience/ knowledge
with ESI because we live in a technological world that is only advancing.
There are very large scales of documents for cases and E-Discovery has
made it practical to store them and get them sent to the parties.
Indictment
● Formally charging for a criminal offense
● It is important that a lawyer understands it is their responsibility that a
client understands why they are being indicted
Defense Attorney
● The attorney that represents the defendant (the person accused of the
crime)
● It is a misconception that the role of the defense attorney is to prove the
defendant not guilty. However, the true role is to give their client a fair
sentence and to best represent them.
Plea
● The defendant’s answer to the charge against them.
● The defendant can either plead guilty and admit to the charges or
plead not guilty and deny the charges.
Restitution
● Compensation for loss or injury
● It is important that the defendant shows genuine effort towards the
plaintiff (the person who initiated the lawsuit against the defendant) to
build credibility in court that can help their sentence.
Guardian Ad Litem
● An individual that acts as the guardian of a child in a domestic relations
case to represent the child’s best interests.
● A court can appoint a guardian ad litem or if the client requests one the
court shall (there is a code that ensures if asked for then will receive)
appoint one for them. This is important to ensure if a child is involved in
a case, that they get the proper attention and avocation they need.
 Also, the guardian ad litem’s report/recommendation is valued by the
court.
Backdating
● Enforces the terms of the divorce from the day the divorce was filed
rather than when the terms were finalized.
● For example, in a domestic case where a mother or father may have
said she would pay money each month for their child’s soccer and did
not follow through, she is now held accountable for that time gap.
No fault state
● In a divorce, one party does not need to be found guilty.
● Ohio is a no fault state and can rule a divorce on the grounds of
incompatibility
Affidavit
● A written sworn statement of an individual's knowledge of the case
(testimony).
● It is important to only put what is necessary in an affidavit so the judge
gets exactly what they need. Judges are human and it is important to
help them help you so keep it around 10 pages.
● Build credibility by backing up statements with exhibits. Ex. If you give
the amount of credit cards out then attach statements with the credit
card bills.
Temporary Order
● Lists the rights and obligations of the divorcing couple.
● This provides stability, makes sure bills get paid, custody arraignment
and time scheduled , child support, potential spousal support and
attorney fees.
Preliminary hearing
● If the defendant pleads not guilty, the prosecutor must show that there
is enough evidence to charge the defendant (aka probable cause).
● This can be waived yet if the judge believes there is not enough
evidence, the charges can be dropped.
Motion in Limine
● A motion asking the court that certain evidence be found inadmissible.
● This is often used if a witness is incredible, the information is too
personal, or if it is irrelevant.
Judge Notes
● Judges take note during trials and these are a very valuable resource
available to lawyers that are often neglected.
 ● If an attorney knows what the judge wrote in their notes, they can
better prepare and nothing will be a surprise.
Sealing
● All documents in a court docket are public because the people have a
right to see it.
● However, to be an attorney eye only document and be protected from
public view, it must be sealed.
● 6th circuit decision case 15-1534 has set the bar very high for sealing and
attorneys must have a valid reason for example, if dealing with children
there court be a valid reason to seal a sensitive document.
Inadvertent disclosure
● Have to take reasonable measures to safeguard to prevent privileged
information. An inadvertent disclosure occurs when a privileged
(attorney and client only) document has accidentally been sent to the
opposing party.
● If received and noticed, an attorney must notify the sender under ethics
and delete it or return it/send back or sequester (set aside ).
● With such large scales of ESI this is normal, it is just important that the
attorney acts appropriately and follows ethics.