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Charles John Kettlewell

Charles Kettlewell’s Answers

2 total

  • Can I practice Law in Any state with multiple misdemeanor offenses?

    I have multiple misdemeanors dating back to 08/09 - in these years I had a drug charge, 2 OVIs, assault, trespassing and maybe even 1 or 2 other charges and just recently in 2015 I just got a 3rd OVI. The oppression from these events is leading me...

    Charles’s Answer

    I've handled about 40 character and fitness cases in Ohio and the short answer is yes, you could get admitted here, but with A LOT of caveats - most depending on you being squeaky clean during law school and probably getting alcohol counselling, becoming a member of AA, and contacting the Ohio Lawyer's Assistance Program and entering into a recovery contract. The central issue in Ohio character and fitness proceedings is PRESENT character and fitness at the time you're applying to sit for the bar - not necessarily what an applicant has done in the past. The fact that you have a 3rd OVI in 2015 no doubt hurts both because it's more recent than the 09 incident, but also because it calls into question whether you learned anything from the 1st two OVIs. If you "straighten up and fly right" and refrain from abusing alcohol and any other substances between now and when you seek admission, your chances are fairly good in Ohio (although I would thoroughly expect you will have to go through a full hearing) provided you can present a lot of evidence showing that you're a different person by 2018-19 than you were when all of these arrests occurred. Call Scott Mote at about getting an assessment done and entering a contract if OLAP recommends one. Even if you don't want to get admitted in Ohio, taking steps presently to show you're changing your ways and addressing your substance abuse history should improve your chances in any state. Get another OVI or drug (or any other) arrest during law school, and you're hurting your chances. It's about that simple. I wish you the best in law school and getting admitted in the future.

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  • I paid $500 to retain a attorney. I will not be able to pay the rest of the fee's. Am I entitled to my $500 back the same day?

    I recently spoke with a attorney regarding a legal matter. I decided I would like the attorney to represent me as I felt comfortable after talking. Unfortunately I just found out I will not be able to pay the attorney the remaining cash for se...

    Charles’s Answer

    While I agree with most of Rachel A Lyne's answer that it may depend on the terms of the contract and whether the attorney has started billing on an hourly basis and thus has earned some portion of the fee, in Ohio even a "non-refundable" flat fee is actually refundable if the attorney cannot complete the representation per Ohio's Prof. Cond. Rule 1.5(d)(3). It just depends on the agreement and what work (if any) the attorney has done to earn the fees paid by the time the refund request is made.

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