Finney Law Firm is pleased to announce the addition of Ashley Duckworth as our newest associate attorney.  Ashley joins the firm’s litigation group, primarily handling real estate and commercial law disputes.

Ashley graduated in the spring from Salmon P. Chase College of Law and just recently passed the Ohio Bar Examination.  The firm and many of its clients have gotten to know Ashley through her clerkship for the past 15 months.

Ashley graduated from Western Kentucky University in 2021 with a Bachelor’s Degree in Communication.

Exterior photo on the downtown Cincinnati location

Finney Law Firm and Ivy Pointe Title have opened their office in downtown Cincinnati at 635 Main.  For us, this has been a much-anticipated and long-awaited development.  This office replaces our Mt. Adams office on Celestial Street in the historic Rookwood Pottery Building.  We hope you enjoy this new office as much as we have enjoyed crafting it.

Why downtown?  First, this office joins a post-COVID resurgence for downtown, which is seeing a return of office workers, a huge growth in residential development and a host of new hotels and restaurants, bars and other entertainment venues.  Second, many of our major corporate clients are downtown-based and some are downtown-focused.  Third, the office is located strategically just one block north of the Potter Stewart U.S. Courthouse (which houses the Federal District Court for the Southern District of Ohio and the 6th Circuit Court of Appeals) and three blocks immediately south of the Hamilton County Courthouse.  Ample parking surrounds the new facility.

We are jazzed about our ability to revive an historic 150-year-old building into a sparkling new facility, with energy-efficient HVAC and lighting, and cutting-edge smart technology throughout.  In this revival, we have retained many of the original historic features of the building.  We hope you come by for a closing, a deposition, a mediation or a meeting with our attorneys and staff.

The project took the best of our creativity (I know, I know, we are attorneys) and resources, partnering with a host of talented consultants, architects, designers, and contractors.  (I learned so much by doing this project and am glad to share my experiences as well as our list of consultants, contractors and materials that have made it a rousing success).  We combined a smart initial purchase of the property with federal and state historic tax credits and City of Cincinnati residential and commercial tax abatements.  My transactional team handled the tax details and legally divided the building into three condominiums, our office and two residential condos.

Many have asked me: How was City Hall to deal with on this project?  I can say without exception that each City department with which we dealt has been exceptionally prompt and professional: Historic Conservation, the Building Department, the Economic Development Department, and even the Mayor and City Council.

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Thanks to our loyal clients while we completed this master work, to my attorneys and staff who were endlessly patient while I got it finished, and to our whole design and construction team who endured my endless questions, prompts and concerns, while each providing exceptional products and services.  You simply would not believe the hard work, long hours and creativity needed to bring this project to fruition by our design and construction team members.

In today’s digital age, one should almost expect that all personal interactions and appearances in public places are being recorded.  In fact, there are apps for cell phones that automatically record every single phone call.  In some ways, it seems creepy.  In others the question would be: if you are doing nothing wrong, what do you have to fear?  Personally, I see it as creepy and I don’t like it.

However, Ohio is a “one party” state as it relates to recording interactions.  As such, it is legal for one party to a conversation to record that conversation, even if the other party is not aware of the recording.

We have learned through our law practice that clients, opposing counsel and opposing parties frequently are making recordings of interactions, on the phone and in personal meetings.

From my perspective, if I know I am being recorded, I likely would be more cautious and more guarded in what I say.  In some instances, I would limit my interactions with that person entirely, or make sure communications are all in writing.

As a result, we have added a provision to our client fee agreements requiring clients to tell us if they are recording interactions with our office.  If they fail to notify us of those recordings, they cannot later use those recordings against us.

I recently shared the fact that this is part of our standard engagement letter with a class of Realtors, and was asked by 9 participants for that form language to include in their own agency agreements.  So, I thought I would share that language here on this blog as well.  Feel free to make use of it as it suits your practice.

Audio and Video Recordings with this Firm

We will never make an audio or video recording of any communication with you or any third party.  We occasionally have clients who either want to make an audio and/or video recording of a call or meeting with us.  In the event that you choose to make an audio or video recording or any interaction with us, we require that you disclose each such instance to us in advance in writing.  If you fail to disclose any such recording, (a) it will be a material breach of this agreement, (b) it will be the basis for termination of the relationship by this firm and (c) you agree not to use that recording in any proceeding relating to our representation.

It’s a dangerous world out there.  Proceed with caution.

On August 9, 2024, a panel of the United States Court of Appeals for the Sixth Circuit held for a former public employee Eric Noble, represented by Matt Okiishi of our Employment Law group, that his posting of a meme critical of a well-known protest movement while on his private time was “protected speech” under the First Amendment.

While the public employer asserted that it terminated Mr. Noble because it “anticipated disruption,” the panel determined that this belief failed to be “objectively reasonable.” The panel also noted that the public employer’s decision to engage in the same debate as Mr. Noble cast “doubt on its motive for firing him,” undercut its interest in maintaining workplace harmony, and violated the First Amendment’s prohibition against allowing “one side of a debate from using the government to cancel the other side.”

The panel concluded that because Mr. Noble was terminated in retaliation for exercising his First Amendment speech rights, and prior precedent “does not give the Library carte balance to take away Mr. Noble’s means of livelihood based on his speech,” he was entitled to summary judgment in his favor. A copy of the decision in the case styled Eric Noble v. Cincinnati & Hamilton County Public Library, et al. is linked here.

The Court has recommended this victory for full publication, signifying that it views the case as one of great importance and significance. This victory also comes just three years after another free speech victory by our firm, Barger v. United Bhd. of Carpenters & Joiners of Am., 3 F.4th 254 (6th Cir. 2021) (discussed here).

As reported here and in our prior newsletter, new legislation requires owners of small businesses (including LLCs and corporations; under $5 million in revenue) to report their owners’ names to the federal agency known as FinCEN (Financial Crimes Enforcement Network).  There is a fine of up to $500 per day for violations, so this is a regulation that should not be ignored.

For new LLCs and corporations, the deadline is within 90 days of the formation.  For LLCs and corporations in existence as of January 1st of this year, the deadline is January 1. 2025.

Finney Law Firm attorney Casey Jones has carefully researched and written about the new FinCEN requirements and is heading our efforts to educate our clients on the intricacies of the statute and to assure compliance by our firm and our clients.

  • On Tuesday, May 14, at noon Ms. Jones will conduct a webinar informing clients of the new FinCEN requirements and answering questions you may have.

The link to sign up for the webinar is here.

Finney Law Firm is pleased to add to our team of attorneys J. Andrew Gray.  Andrew is a recent graduate of the University of Cincinnati College of Law where he served as chair of the Honor Council, the student-run organization dedicated to academic integrity and enforcing the College of Law’s Honor Code.

Andrew also brings to our firm and the practice of law his background in engineering.  In 2020 he earned his bachelors degree in Industrial & Systems Engineering from The Ohio State University.

Prior to joining the Finney Law Firm, he clerked for a long-serving local Common Pleas judge, helping the court resolve civil matters ranging from personal injury suits to complex construction litigation.

Andrew joins our burgeoning litigation team.

As we approach our 10th anniversary (more on that to come later), here are the accomplishments and market position of Finney Law Firm, LLC and Ivy Pointe Title, LLC by the numbers.

  • 17 attorneys.
  • 9 paralegals.
  • 3 office locations.
  • 3 wins at the U.S. Supreme Court.
  • 5 wins at the Ohio Supreme Court.
  • More than 18 wins at the Federal and Ohio Courts of Appeals.
  • 8 certified class actions.
  • 13,652 Tweets (now, “X”s).
  • 867 blog posts.
  • 63 newsletters.
  • 9,794 successful real estate closings (est.).
  • $56 million in property tax savings (est.).
  • 73 civil rights cases and taxpayer actions.

Thanks for being a part of it!  Much more to come!

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Our own Chris Finney will be speaking on a legal panel — Legal Issues Forum – Avoiding Legal Nightmares — at the Ohio Association of Realtors convention to be held in Cincinnati on Wednesday, September 13, 2023 at the Hyatt Regency in Cincinnati.

The planned topics for the program — in addition to panel discussion and Q & A from the Realtors in attendance — include (a) Avoiding Scams, (b) Taxes can be Taxing, and (c) Disclosure issues.  Mr. Finney will be teaching with Cincinnati attorneys Chip Brigham and Roccina Niehaus.

The Finney Law Firm is excited to introduce its 2022 Summer Law Clerks! Each year, we hire incoming 2L or 3L law students to work in our various practice areas, including General Litigation, Labor and Employment, Constitutional/Public Interest, and Real Estate & Commercial Transactional (to name a few).

The Summer Law Clerk Program allows us to get to know the next generation of attorneys and serves as a mutually beneficial opportunity for them to help work on some of our pending cases and, more importantly, learn in a fast-paced, practical legal environment. This Program is something we very much enjoy and strive to make both fun and enriching for our clerks. Our law clerks draft motions and pleadings, observe depositions, assist with due diligence and document review, meet with clients, research some of the many unique legal issues with which we are often presented, and have even helped with multi-day and multi-week trials!

Ashley Duckworth

Ashley Duckworth

Ashley is an incoming 2L at NKU Chase College of Law and is clerking primarily with our General Litigation and Constitutional/Public Interest groups from our Eastgate location, though she also helps with Transactional projects. Ashley grew up in Morganfield (Union County), Kentucky and earned her undergraduate degree in Communication from Western Kentucky University. Outside of work and school, Ashley is an avid reader and enjoys spending time with her friends and family and her new pup, Zoey! While she still has plenty of time to narrow her legal interests, Ashley is enjoying getting to work with several of our practice groups. Fun fact: Ashley was the overall high scorer during our duckpin bowling outing with the young associates and law clerks earlier this month!

Caitlin Lancaster

Caitlin Lancaster

Caitlin is an incoming 3L at University of Cincinnati College of Law and is clerking with our General Litigation group at our Mt. Adams location. She earned her undergraduate degree in Sports Management and Business Administration from the University of Cincinnati. Caitlin is currently a UC Law Admissions Ambassador, just completed her tenure as Social Chair of the Student Bar Association, is a member of the Moot Court Honor Board, and was recently elected to the Executive Board as the External Competitions Director. Caitlin plans to become a litigator after graduation and is enjoying the opportunity to work on a wide range of litigation matters at FLF. Outside of work and school, Caitlin can be found running away her stresses at Orangetheory, out on the town with her friends, or rooting on the Bengals and Sooners (she is also a fantasy football pro). We love that competitive spirit!

Austin Wishart

Austin Wishart

Austin is an incoming 3L at University of Cincinnati College of Law and is clerking with our Labor and Employment Group in both our Eastgate and Mt. Adams office locations. He is from Hamilton, Ohio, and currently lives in Loveland with his fiancé and their cat, Mauricio. Austin earned his undergraduate degree in Philosophy from the University of Dayton (Go Flyers!) and his Master’s in Bioethics from New York University.  He enjoys writing for the University of Cincinnati Law Review and spending time with friends on campus. Austin hopes to enter the practice of labor and employment law after graduation in 2023. Outside of the law, Austin enjoys trawling local record stores for vinyl, cooking new recipes, and supporting local breweries.

Attorney Casey Jones leads our Summer Law Clerk Program. For additional information about the Program or how to apply, feel free to reach out to Casey at [email protected] or to Katherine Fox at [email protected].

We most value the accolades and appreciation from our clients, but the various legal ratings services are pretty much unanimous that the Finney Law Firm attorneys are superior in their various fields.  The latest of these comes from SuperLawyers, a Thompson Reuters rating system.

This year, attorney Bradley M. Gibson was recognized for his skills in the Civil Litigation Category, and Finney Law Firm founder Christopher P. Finney was honored for his work in each of his disciplines of Business Litigation, Land Use/Zoning, Real Estate, Constitutional Law, State, Local & Municipal, and Tax.  Each of them are licensed to appear before all Courts in the State of Ohio and the Commonwealth of Kentucky and in the Federal District Court and Appellate Courts in Ohio.  Mr. Finney is also licensed before the United States Supreme Court, U.S. Tax Court and in the District of Columbia.

Let us know how we can apply our experience and skill to “Make a Difference” for your legal needs.