Brian Russell Hester’s Answers

Brian Russell Hester

Hamilton Business Attorney.

Contributor Level 10
  1. What recourse do I have?

    Answered over 5 years ago.

    1. Brian Russell Hester
    2. Alan James Brinkmeier
    2 lawyer answers

    You need to consult a medical/dental malpractice lawyer immediately. The statute of limitations for bringing a medical malpractice claim is one year from the date "the cause of action accrued." The law in Ohio, I believe, is that a the statute of limitations begins to run when a reasonable person knew or should have know of the possible existence of a claim. At best, your attorney can argue that the statute began to run when the specialist identified the problems you were having was the...

    1 person marked this answer as helpful

  2. My son has a pretrial hearing for visitation of his child. Can he give his father power of attorney to represent him in court

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    No. A power of attorney creates a legal relationship fully called an attorney-at-fact, which is different from an attorney-at-law. An attorney-at-fact is an agent who is vested with powers (depending on the instrument creating the relationship) that allows an agent to act at the direction and in the stead of his or her principal to manage financial affairs or medical decisions when the principal is disabled from engaging in such functions due to absence, incompetence, etc. An attorney-at-...

    1 person marked this answer as helpful

  3. We just got paperwork the other day that an attorney was the "receiver" of the house that we've been renting. Whats that mean?

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    A receivership is kind of like the state version of a bankruptcy trustee in federal bankruptcy court. It most likely means than the real estate investment company defaulted on its mortgage and that, for the time being, a creditor realizes that the property is worth more keeping it going as a rental property than to terminate the rental property business there and find a new buyer. In order to maximize their ability to get as much of the delinquent debt repaid as possible, the creditor has...

    1 person marked this answer as helpful

  4. What is the punishment for felony thelf in the state of Ohio?

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Depends on the total amount of the checks forged. If it's between $500 but less than $5,000, then it's a fifth degree felony where probation is statutorily presumed but otherwise punishable by up to one year in prison. Over five thousand but less than $100,000, then it's a fourth degree felony punishable up to eighteen months in prison. $100,000 or more and you're at a third-degree felony level which is punishable up to five years in prison. (Minimum 6 mos. for the first two, 1 year minimum...

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  5. How many years i need to be legaly in us to become a permanent resident? or is no way!

    Answered over 5 years ago.

    1. Brian Russell Hester
    2. Philip Alan Eichorn
    2 lawyer answers

    If you're currently in the United States on an H-3 visa, then you are ineligible to file for legal permanent resident status based on your visa status. An H-3 visa is a non-immigrant visa. You need to talk with an immigration attorney to find out if there is someone in your family who is naturalized or with permanent resident status who can apply for family-based permanent residency or see if there's some way an employer-based permanent residence. But your H-3 nonimmigrant visa alone does...

    1 person marked this answer as helpful

  6. How can I get a restraining order on my stepdaughter's mother? They said I can't because she has every right to come to my house

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    You can definately petition the Court for a Civil Protection Order. I am attaching a copy of the instructions for filing a Civil Protection Order from the Hamilton County Clerk of Courts website for your review. Here's also a copy of the actual paperwork you'll need to file: http://www.courtclerk.org/forms/StalkingProtectionOrder10-03D.pdf The process first begins with an ex parte hearing (hearing in which only you appear). If the court is conviced based on your application that a civil...

    1 person marked this answer as helpful

  7. My previous employer told an employer I was terminated for drug use although that never happened what so ever what can I do?

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Did you give them a written resignation letter you still have on file? Do you have something, in writing, saying that this employer claimed you were fired for drug use or at least contact information for a person telling you this is what they said? You might have a claim for slander and tortous interference with a business contract if this has arguably costs you other employment provisions. However, given the expense of litigation and time involved, you may just want to consult with an...

    1 person marked this answer as helpful

  8. What is a law against put a stop payment on a personal check in state of Ohio?

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Why would you loan someone $2,000.00 if they could write a check for that amount? Was it post-dated? You've got a civil option and a criminal option. You could just sue your ex in small claims court for the $2,000.00 Or, you could contact the local law enforcement agency (police or sheriff, depending on where you were when you made the loan) and report it as a theft by deception. R.C. 2913.02. Because the amount involved is more than $500, but less than $5,000.00, it would be a fifth-...

  9. In Ohio is a claim for attorney fees pursuant to an oral agreement time-barred

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Generally speaking, the statute of limitations for an oral contract is six years from when the action accrued. See, R.C. 2305.07. You may want to consult an attorney about this, however, because your former attorney likely is asserting other causes of action. Also, attorneys are expected to put fee agreements in writing for the protection of the client (and the attorney.)

  10. How can I get my car title from my ex-girlfriend?

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Why in the world did you pay for the car but have the title in her name? I hate to tell you this, but you bought your ex-girlfriend a car unless you have something in writing indicating that the car was supposed to be yours. In Ohio, ownership is conveyed by title. When you had the title prepared to be just your girlfriend's name at the time, it legally became exclusively hers (next time, at least have your name on the title, too.) You could attempt to sue her for unjust enrichment by...