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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38160
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Do I need a lawyer for common pleas court in Ohio, Do I need

Customer Question

Do I need a lawyer for common pleas court in Ohio
JA: Since laws vary from place to place, what state is this in?
Customer: Do I need a lawyer for common pleas court in Ohio
JA: Has anything been filed or reported?
Customer: I filed a small claims case for unpaid wages, which my employer has admitted.. My employer got a lawyer and wants it moved to common leas court. Can the judge deny that motion.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just those two questions. Do I need a lwyer for common pleas court? and Can the judge deny the motion to move th ecase form small claim to common pleas?
Submitted: 2 months ago.
Category: Legal
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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It isn't mandatory to have an attorney represent you, as you can represent yourself. But Common Pleas is a higher court and is more formal than small claims. So if you represent yourself, you will be expected to know everything an attorney does with regard to presenting your case and comply with all deadlines and procedures regarding civil procedures.

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But if they have filed the proper request to remove it from small claims, the judge can't deny it. The other side does this because they have an attorney who will try to take advantage of the non attorney's lack of experience and hope that you make a mistake that will get the case thrown out.

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So it is a good idea to have an attorney representing you in the higher courts because making a procedural error can turn a winning case into a losing one..

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thanks

Barrister

Customer: replied 2 months ago.
Thank you so much. It appears to be a tactic to make me hire a lawyer or drop the case. Even If i am confident of the facts, you still advise a lawyer. Does the court make it reasonable and explain deadlines?
Expert:  Barrister replied 2 months ago.

You are very welcome. Happy to help any time.

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It appears to be a tactic to make me hire a lawyer or drop the case.

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That is exactly what they are doing..

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Even If i am confident of the facts, you still advise a lawyer. Does the court make it reasonable and explain deadlines?

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Yes. And no the judge the judge won't help a bit, that isn't his job. He just sits there and hears the case, it is up to both sides to know all the rules of court and to submit things property, draft any briefs, evidence lists, do depositions, witness lists, etc. So it is done intentionally to trip up the non attorney who may not be familiar with the process as they are held to the same standards as an attorney.

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thanks

Barrister

Expert:  Barrister replied 2 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister