David K. Greer
Attorney and Counselor at Law
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Appeal Brief Filed in Case of Youth Searched Without a Warrant

We're all aware of the major problem of too much gun violence in cities, often involving juveniles.  However, enforcement of crime cannot be at the expense of the Fourth
Amendment of the United States Constitution, or Article I, Section 14 of the Ohio Constitution.  As the First District Court of Appeals in Cincinnati stated in a case a few
years ago, "We are not disregarding that J.C. was a 17-year-old carrying a concealed weapon, and we fully appreciate the threat police officers face each day, particularly
when patrolling neighborhoods prone to gun violence.  However, the Fourth Amendment does not permit officers to stop, seize, or search any person without corroborating
information that the person in question is involved in criminal activity."  In re: J.C., 2019-Ohio-4815, ¶25.
David is representing a 17-year-old youth charged with felony carrying a concealed weapon.  Without a warrant, Columbus police officers stopped, searched, and seized the
young man.  Officers had heard what they thought were gunshots, but not in the area of David's client, who was a block away.  The Franklin County Juvenile Court upheld
the search and seizure.  On December 14, 2023, Attorney Greer appealed the juvenile court's decision to the Tenth District Court of Appeals.
Attorney Greer filed an appellate brief in support of the youth's Fourth Amendment rights on January 16, 2024. 
The case is expected to test the Fourth Amendment prohibition against unreasonable searches and seizures.  We don't want a society where police can essentially impose martial
law by detaining and searching anyone within a city block, at least when officers failed to respond to the scene of the gunshots to investigate what, if any, crime was committed,
then look for suspects based on that investigation.  This important appeal potentially concerns the constitutional rights of us all, to be able to freely walk the streets without fear
of being detained and searched by police without a warrant or reasonable suspicion of criminal activity.    
Permanent Custody Reversed
A father of four may finally have a chance to reunite with his children.  On November 16, 2023, the Tenth District Court of Appeals reversed a lower court ruling
that granted Franklin County Children Services permanent custody of his children, clearing the way for a public adoption.  He hadn't even been allowed to visit
his children for nearly two years.  The children, ages four to 14, had been in foster care.  This case was managed by one of Children Services' contracted private
agencies, Permanent Family Solutions Network (PFSN).  The father was represented by Attorney David K. Greer in the appeal.
"There is no evidence of any efforts by FCCS to facilitate the case plan," the court of appeals stated in its opinion.  "Diligent and reasonable efforts to reunify were
not made by the agency prior to the granting of permanent custody.  We find an abuse of discretion in the determination that reasonable efforts have been shown to
eliminate the need for removal of the children through the case plan," the appeals court further stated.  The case was remanded to the lower court to identify what,
if any, specific actions Children Services undertook regarding its duty to use reasonable efforts to reunify the father and the children according to the Ohio Revised Code,
and whether there is clear and convincing evidence to support the finding.
Naturally, David is pleased his client may have a chance to reunify with his four kids after being denied contact with them over three years now.  The children's mother,
represented by the Franklin County Public Defender, also filed a brief in the court of appeals, supporting Attorney Greer's position.  Now that the case has been sent back
to the juvenile court, David hopes the reunification, visitation, and family counseling process will begin as soon as possible for his client.
You can read the case yourself online.  The cite is In re: D.D., et al., 2023-Ohio-4147.
Attorney David K. Greer in his office September 1, 2023, following briefing in the In re D.D. case.  The court of appeals reversed the juvenile court's decision terminating his client's 
parental rights.  The case is now back in the juvenile court, awaiting the judge's response to the appeals court ruling.  David hopes his client will have the chance to reunify with his 
four children. 
Attorney David K. Greer Selected as One of 20
Best Family Lawyers in Columbus
The website Expertise.com recently scored 473 lawyers in the area of Family Law in Columbus, Ohio for the year 2020.  Twenty lawyers were
selected for Expertise's list.  Attorney David K. Greer is happy to announce he has been included as one of the 20 best in Columbus, according
to the website.  David's Family Law practice centers on representing clients in juvenile court.
The website based its evaluation on five selection criteria:
1. Reputation
2. Qualifications
3. Experience
4. Availability
5. Professionalism
A link to the article on Expertise.com is below.  David wishes to congratulate the other 19 Columbus lawyers who were recognized as among the
20 best according to Expertise.com's list in the practice area of Family Law.
(NOTE: The link below is independent.  You will need to use the back-arrow button to return to this website.)

David K. Greer in his office August 18, 2022  
Appeals Court Reverses Plea; Client's 21-year Prison Sentence Vacated

On March 10, 2016, the Franklin County, Ohio Court of Appeals reversed a common pleas judge's decision to deny Attorney David K. Greer's client the withdrawal
of his guilty plea.  Ruling that the judge abused his discretion in denying the plea withdrawal, the appeals court remanded the case for a trial, allowing that the
client may have felt pressured by his former attorney into pleading guilty.  The appeals court vacated the client's 21-year prison sentence as a result of the
plea.  The client pled only after his former attorney was unprepared for trial and after the judge denied the lawyer a continuance.  The former attorney, who was
court-appointed, then pled the client out to several robbery and kidnapping charges, and the client received consecutive sentences totaling 21 years in prison as
a result.  After the reversal by the appeals court, the client received a much better outcome in common pleas court, a five-year sentence with credit for time
already served.  He was released several months later and has been a free man ever since. 
Because the client's former lawyer was unprepared for trial, and by his own admission not entirely familiar with the facts of the case, the appeals court also
concluded that it would have been prudent for the judge to inquire in open court if the client was completely satisfied with his court-appointed lawyer, before
accepting the guilty plea.
Because the court of appeals vacated the guilty plea, it declined to address Attorney Greer's remaining appeal arguments, concluding these to be moot.
The client has a close-knit and supportive family.  His mother, after researching several lawyers, decided to contact Attorney Greer.  After reading the transcript,
David immediately saw several issues for an appeal, and he was then privately hired by the client's family.
Appeals Court Reverses Juvenile Court's Denial of Suppression; Overturns Robbery, Felonious Assault
Delinquency Adjudications
On July 21, 2015, the Tenth District Court of Appeals reversed the decision of the Franklin County Juvenile Court, which had upheld a magistrate's decision
declining to suppress the statements of Attorney David K. Greer's client to a Columbus police detective.  The appeals court ruled that the detective used
"intentionally misleading" and "deceptive" tactics to secure the client's confession in a robbery and felonious assault case.
The case stemmed from a July 2013 incident in which the client was arrested along with several other juveniles on suspicion of attacking an individual at
Comfest.  At around 4 AM on July 1, 2013, the detective interrogated the client.  The client was only 13, and no parent was present.  He had also been in
handcuffs four hours, and there was no evidence that the client had been offered food or drink by the police prior to the interrogation.  Moreover, the interview
room was cold, the client was yawning and tired, and he had to wait 50 minutes in the interrogation room for the detective to arrive. 
The client tried to explain his innocence, but the police detective didn't want to hear it.  The detective alluded to the possibility of a 28-year prison sentence,
but implied this result could be avoided if the client confessed to his part in the attack.  Since the client was a juvenile with no prior record, the appeals court
stated that the mention of a 28-year prison sentence was "intentionally misleading and constitutes deceptive conduct", in that it was "not a truthful
approximation" of the sentence he could have faced.  The detective also employed the deceptive tactic of telling the client that his friends had implicated him,
when there was nothing to indicate this was true.
In addition to the client's statements being involuntary, the appeals court ruled there was no evidence the client understood his Miranda rights, other than
signing a police form to that effect.  All the client understood was that, by signing the form, he could speak to the detective, not that he understood the
consequences of waiving his constitutional right to remain silent, the court of appeals concluded.
Attorney Greer feels vindicated.  All along he believed the detective's interview tactics were egregiously improper, and his client's statements should be
suppressed.  Several colleagues in the juvenile defense bar have congratulated David on this big win.  David is pleased that this case is now out there, as an
illustration how not to conduct a juvenile interrogation, and that deceptive tactics will backfire.
The case was ultimately returned for a new trial before a different magistrate, minus the confession.  The client, now 15 and weary with the two-year
prosecution, ultimately agreed to admit to a much lesser offense on condition there would be no further sanctions.  The original charges of robbery and felonious
assault were dismissed by the state.  The juvenile court then closed the matter. 

Judge's Order that Ex-Husband Must Reimburse Client 1/2 for Sons' Student Loans Upheld

After her ex-husband battled J.L., Attorney David K. Greer's client, in three appeals, she finally got what she wanted.  All J.L. wanted was that her ex-husband
comply with what he had agreed in the dissolution decree between the parties in 1998, to share in the costs of their sons' college education.
After a trial, Judge S. Farrell Jackson of the Fairfield County Domestic Court fashioned a reimbursement plan in his ruling on March 21, 2014.  The judge ordered
the ex-husband to reimburse J.L. for one-half of the sons' student loan payments as she makes them.  The judge also ordered J.L. to notify the ex-husband
within seven days of her intent to contact the providers of student loans which are currently dormant, in order to set up a monthly payment plan and reactivate
these loans.  If the ex-husband declines to participate in these discussions with the dormant loan providers, the judge allowed the client to negotiate a monthly
payment plan on her own, and the ex-husband must pay one-half of whatever the client negotiates.  Again, all of this was in accordance with the parties' original
dissolution decree in 1998, which required the ex-husband to share in the cost of the sons' college education.
The ex-husband appealed Judge Jackson's ruling.  On January 26, 2015, the Fifth District Court of Appeals upheld the judge's reimbursement order.  The appeals
court noted that although the 1998 decree had ordered the ex-husband to share in the costs of the sons' college education, it was vague as to the actual
mechanics of reimbursement.  However, the domestic court "has full power to enforce its decree and to order the payment of support arrearages", the appeals
court stated.  Accordingly, "we find no error as a matter of law in the trial court's reimbursement plan", which had been rendered in response to Attorney Greer's
motion to modify a 2007 judgment entry, which had originally set forth a reimbursement plan to implement the decree but was now outdated. 
The ex-husband did not file a further appeal to the Ohio Supreme Court, so the case is now over.  The client is very pleased with the final outcome.  J.L.
originally met with David in August 2011, even though his office was in the Cleveland area at that time.  The client drove all the way up from the Columbus area
nevertheless, because she needed to file an appeal and was unhappy with her former lawyer.  With David's representation, the client won that original appeal in
2012.  She has been on the defending side in the two latter appeals filed by the ex-husband.  This latest successful appeal outcome for the client finally puts an
end to the case.
The client, J.L., triumphantly displays a copy of the January 26, 2015 decision of the Fifth District Court of Appeals, standing next to Attorney David K. Greer.  The appeals court upheld the
Fairfield County Domestic Court's decision that J.L.'s ex-husband must reimburse her 1/2 for payments she makes on the sons' school loans until all the loans are paid off.  After over three
years and three appeals, the Fifth District's decision finally ends the litigation.  Needless to say, David is a fan of the 2014 National Champion Ohio State Buckeye football team.    
Client's Position Vindicated
It took over a year of litigation, but ultimately Brian Flint's position was vindicated.
Brian is the majority shareholder of a race car maintenance shop, Know Fear Motorsports LLC.  In 2011, he signed a lease on behalf of his company with a
company on Columbus' west side as a location for Know Fear.  Two years later, Know Fear fell behind on its rent, a fact which Brian never denied.
But Brian tried to resolve things with the landlord before litigation or an eviction became necessary.  Twice in the late summer of 2013 he tried to meet with the
landlord and discuss a resolution.  When Brian tried to meet with the landlord a third time, on September 9, 2013, he discovered that Know Fear had been locked
out, with only a sign posted on the door.  The property of the business, and that of Brian's customers and associates, as well as his own property, were locked
inside.  To his credit, Brian's initial concern was in retrieving the property of innocent third parties.  He tried writing and e-mailing the landlord's attorney, as
instructed, but was met with the overly legalistic response that he must first identify and provide "proof of ownership" of each of the hundreds of
items of property, which was impossible. 
That's when Brian turned to attorney David K. Greer for help.  By this time, the dispute had escalated, with the landlord having filed suit against Know Fear
Motorsports LLC, and Brian, as guarantor under the lease.
Other than answering the suit, Attorney Greer's first task was to negotiate with the landlord's attorney for his client's retrieval of the property.  Within a month,
most of the property was returned.  Some items were lost or stolen however, and never recovered.  Attorney Greer therefore countersued the landlord for
conversion, the legal name for the civil taking or misappropriation of someone else's property, in addition to punitive damages and attorney fees.
The case was now a huge mess.  But early on, in November 2013, to avoid unnecessary litigation, Attorney Greer and Mr. Flint met with the landlord's attorney
and made a settlement offer.  It was flatly rejected by the landlord's attorney, who demanded several thousand dollars more to settle the case.  The landlord's
settlement figure was based on a number of padded and bogus charges according to Brian, and certain disputed "CAM charges", which Brian refused to pay.
Because Brian's settlement offer was rejected, litigation became necessary.  Depositions were taken, and requests for admissions and interrogatories were
served.  Each side filed opposing motions for summary judgment.  In October 2014, (now former) Judge Dan Hogan of the Franklin County Common Pleas Court
overruled the landlord's motion for summary judgment as to Brian's counterclaim for conversion, punitive damages, and attorney fees.  The court thus ordered
that Brian's counterclaim may proceed to trial.  
The case eventually came full circle.  On January 9, 2015, the parties met face-to-face, and the landlord accepted a settlement for the exact figure Brian had
originally offered in November 2013, albeit less than $200 more.  With the settlement, the court case and counterclaim were then dismissed.
Thanks to David's representation, Brian, not surprisingly, feels vindicated.  His position all along was that he just wanted to pay his company's rent, and other
legitimate costs associated with Know Fear's tenancy, which the settlement accomplished.  If the landlord had just met with him to discuss a resolution of the
rental dispute in August 2013, the lockout, and the litigation, might have been unnecessary.
Brian is happy to say he has since found more suitable space for Know Fear Motorsports LLC, and at a much lower rent.  Oh, and if you need your race car
worked on, see Brian.
 (Use of Mr. Flint's name and that of his company in this story was by permission.)
Legal Memorandum Leads to Juvenile Client's Acquittal of Robbery Charge

From what we often see on TV and movies about the legal profession, it is a spellbinding closing argument like Gregory Peck's in "To Kill a Mockingbird" that wins
cases.  It sometimes does, but much more often, winning a case comes down to tireless legal research and tight legal writing.  Such was the case with one of
attorney David K. Greer's clients who was charged with robbery in Franklin County Juvenile Court.
The case was tried before a visiting judge in late August 2014.  At the close of the state's case-in-chief, David orally argued that his client should be acquitted
of the robbery charge because the state failed to meet its burden of proof.  The judge declined to rule on the acquittal right then.  Instead, the court invited the
prosecutor and attorneys (this was actually a joint trial involving a total of four juvenile co-defendants) to submit a legal memorandum in support of each of their
David's memorandum was only five pages long.  But in law, it is not length that matters.  What matters is tight-writing with impact, and great research.  And
David found the perfect case.  The case was from another appellate district in Ohio, but it was exactly on point.
On October 31, 2014, after the judge carefully read David's memorandum and the state's response, David got the result he wanted for his client.  The judge
granted his motion for acquittal, making his client (who had since become an adult) a free man.  Double jeopardy would bar any further criminal or delinquency
proceedings against the client.
So the next time you're in litigation and looking for a lawyer, ask that lawyer if they have a lot of experience writing briefs.  Briefwriting is an extremely important
aspect, if not the most important aspect, of litigation.

Appeals Court Reduces Two of Client's Felonies to Misdemeanors
Attorney David K. Greer will represent just about any new client who wants his services, but is especially eager to take on small business owners who feel they have been
unjustly accused by the government.  A store owner was convicted by a judge of five felonies for receiving stolen property.  The problem is, the property wasn't stolen.  It
was all part of a sting operation.  The client, who was indicted for five felonies, maintains his innocence.
Prior to David's involvement with the case, the client hired a lawyer to represent him at trial.  The client was less than satisfied with the representation he received.  For
whatever reason, the lawyer advised the client to waive his constitutional right to a jury trial.  Without a jury, the judge found the client guilty of all five counts.  The
Franklin County Court of Appeals appointed David to handle the appeal.
On November 28, 2014, the appeals court reduced two of the client's felonies to misdemeanors.  The appeals court ruled the state produced insufficient evidence that the
"stolen" property Attorney Greer's client allegedly received was valued at $1000 or more, which would make it a felony.  On May 20, 2015, the Supreme Court of Ohio
declined to hear David's appeal of the three counts the appeals court left undisturbed as felonies.  The Chief Justice dissented from the ruling declining jurisdiction.
David Speaks to Credibility in Citing to the Record and Case Law in Appellate
The need for appellate attorneys to accurately cite to the record and case law was one of the points Attorney David K. Greer stressed in a one-hour presentation at the
Ohio Appellate Practice: Real-World Tactics, seminar on September 18, 2013.  The seminar was sponsored by the National Business Institute (NBI), and held at the Hilton
Garden Inn Columbus Airport.  Attorney Greer was one of several distinguished faculty presenters at the seminar, which included the Hon. Judge John A. Connor of the
Tenth District Court of Appeals.  David also spoke of the duty to advise of errors and malpractice, ethical issues regarding oral argument, civility toward opposing counsel
and the court, and frivolous appeals.
David was pleased with his interaction with the attendees, a few of whom commended him for his presentation afterward.  "It was a rewarding experience and I enjoyed
it," David said.  Although the seminar sponsor pre-selected David's general speaking topics, he felt they needed to be addressed, particularly that of accurately citing to
the record and attorneys not overstating facts in their brief.  He pointed out in his presentation that appellate attorneys have a heightened duty of candor to the tribunal,
in that credibility is especially important in the appellate court.
David thanks the NBI for the opportunity to speak on these issues, and the attendees who gave their attention and participation.
Attorney David K. Greer poses with a copy of the Ohio Appellate Workshop: Real-World Tactics brochure, a CLE seminar held on September 18, 2013 in Columbus.  David spoke on the
subject of legal ethics in appellate practice.  
5 Tips for Writing a Winning Appellate Brief

Writing a winning appellate brief takes creative thought, and a lot of editing. Here are 5 tips for writing a winning appellate brief.

Tip #1

Briefs should be brief

One thing I've learned over the years is appellate judges have increasingly less time to read briefs, as caseloads have increased while the number of judgeships
on each court have by and large remained the same. That means you're going to have to continually edit your brief, perhaps four or five times, and eschew
points that don't really advance your argument. Don't think you have to impress your client by writing to the page-limit maximum. Make your main points stand

Tip #2

Write in short sentences

Run-on sentences with too many clauses and subclauses are difficult to read, and your argument will have less impact. This goes back to the point that judges
have less time to read your brief, let alone try and understand your argument. Break up sentences into short declarative statements and avoid the use of passive
voice. Also, don't be afraid to use commas! Commas are very important tools of understanding. As an example, consider the first sentence in this segment. It's
easier to read with a comma between "read" and "and."

Tip #3

Try and come up with a creative angle before you write a word

Avoid hackneyed assignments of error which don't differentiate your case from dozens of others, like, "The judgment is against the manifest weight of the
evidence." Instead say, "The trial court erred in awarding only $500 in damages when the evidence was undisputed that appellee has not paid anything toward
his court-ordered reimbursement since 2009." Or, instead of "Appellant was denied the effective assistance of counsel," get to the thrust of how your client didn't
get a fair shake by saying, "The defendant was denied the effective assistance of counsel when his lawyer advised that he reject the state's plea bargain, which
would have resulted in a more favorable sentence." In other words, write arguments that will captivate the judges' interest and make them actually want to read
your brief.

Tip #4

Don't include too many assignments of error

Unless it's a death penalty case, try and winnow your arguments into two or three, occasionally four, assignments of error at most. Appellate judges have told me
in countless seminars that their ability to focus on a really good argument---perhaps your only good argument---is diluted by tangential arguments. Tell your
client this reality, and ask if a longshot argument really should be included. Also, many appellate judges are skeptical of, say, 10 or 12 assignments of error, which
may even come off as a personal attack of the trial judge. My personal guide is, if I'm not comfortable talking about it at oral argument, it won't be included in
the brief. Another approach is to combine arguments into a single assignment of error.

Tip #5

Finally, use proper citation form

This issue is more important than you realize. Don't make the mistake that proper citation form is only for law clerks and geeks. Law clerks themselves have told
me how the briefwriter's credibility is compromised when proper citation form isn't followed. I'm not talking about typos, but when the briefwriter obviously shows
an ignorance of citation form. It's not as bad as misspelled words or bad grammar, but close. And you certainly don't want your improper citations to be a
distraction from your substantive arguments.

Additional Resources


Should I try and handle an appeal myself?

Attorney Greer was asked this question by a gentleman in the state of Washington on Avvo.com.  Here was his response:
I'm not licensed in the state of Washington, but I think I can speak for most attorneys in saying that, if there is one area where you should retain the services of an
attorney, it's in the area of appeals. And not just any attorney, but one who devotes a significant portion of his practice in the area of appeals.
Often trial courts will bend over backwards to help pro se litigants with court procedure, but the appeals court can be a trap for the unwary. A pro se litigant can lose on
technical grounds, such as not knowing the difference between interlocutory appeals and final orders, "no just cause for delay" language, page limitations, citation form,
even how the brief should be stapled. Appeals judges aren't ogres, but there are rules everyone has to follow.

Most important, apart from the minefield of technicalities in the court of appeals, you need to know how to write a succint, persuasive brief, and you absolutely must know
the law. While it's always advisable to seek the services of an attorney, in the trial court you can often sort of get by, because often judges will try and help out pro se
people and shepherd them through the process. In the appeals court however, the first impression the judges have of you is through your brief.

In short, don't try and do this yourself. Contact an appeals attorney licensed in Washington, and trust me, you'll save yourself a lot of grief. You know how there are some things
you can try and do yourself and some things in which you should trust a professional? Doing an appeal is in the latter category.

OK, what if I hire an attorney to handle my appeal and I still lose?


The buck stops here.  If your case involves an interpretation of the U.S. Constitution, and you strongly feel the Ohio courts haven't treated you fairly, attorney David K. Greer can file a
petition for writ of certiorari with the U.S. Supreme Court if necessary.  Attorney Greer has been a member of the Bar of the Supreme Court of the United States since 1993.
Should I hire a new lawyer for the appeal?
Attorney Greer was asked this question on Avvo.com by someone in California recently.  This was his response:     
A brand new attorney for the appeal is always a good idea, for a couple of reasons. One, the appellate attorney needs to make an objective independent assessment of the various issues,
without influence from the attorney who tried the case. Second, although true ineffective assistance of counsel is relatively rare, the appellate attorney needs to independently assess the
job trial counsel did, if this is a criminal case.

As for your question, why can't the appellate attorney just "help" the original attorney, this is a bad idea because egos are involved, and the trial attorney may not like the appellate attorney
pursuing an issue he didn't adequately address, or missed altogether. Besides, having two attorneys involved may be just as costly anyway.

What I would recommend is to hire your appellate attorney to meet with the trial attorney one time in his office, for an overview. The communication, and further expense, will end there, and
then the appellate attorney can take over the case from there. I always try to meet with trial counsel before deciding on issues for the appeal, but fully realize that, in the end, the ultimate
responsibility for formulating issues for the appeal is mine and mine alone. ...








Honors and Recognition
Electronic discovery and ethics: David's latest CLE seminar presentation
On November 22, 2019, David spoke at an NBI seminar on the subjects of ethics and electronic discovery.  On the subject of ethics, David spoke on the subtopics of facilitating efficiency, reliability, and overall fairness of the adversary process; complying with time restraints; asserting and challenging privileges under Rule 502(d); abusive litigation practices and their remedies; keeping the client informed; and what to do when your client is dishonest.
In the electronic discovery portion, David spoke on the subjects of Sedona principles, litigation holds case law update--helping business clients be prepared; identifying and communicating with data custodians; E-discovery technology tools and vendors--a necessary evil?; and the Top 10 mistakes that can jeopardize admissibility
of electronically-stored evidence.  A copy of a seminar brochure is attached.
David is a frequent presenter at seminars on legal education topics sponsored by NBI.  On September 19, 2019 (see immediately below), he spoke at the Sheraton Four Points Hotel at another two-day NBI seminar on the ethics topics of: engaging in a personal or sexual relationship with a client; handling highly prejudicial evidence; talking to witnesses before they testify; identifying and avoiding conflicts of interest; responding to jurors' questions during voir dire; and candor toward the tribunal.
David Serves as Judge in National Regional Semifinals of Moot Court Trial Competition

Attorney David K. Greer loves giving back to law schools and promoting legal education whenever he can.  After all, he was a law student once.  David was recently asked by a representative of the Ohio State University Moritz College of Law to serve as a panel judge in the national regional semifinals of the moot court trial competition.  David gladly accepted.
The national regional semifinals competition was held in Columbus on February 10, 2019.  Moot court teams from two unnamed law schools in the region argued a trial from each side of a hypothetical fact pattern, with one side serving as defense and the other as prosecution.  David and the two other judges on the panel then scored the two sides. Afterward, David passed along advice as well as words of praise to the law students.  His criticisms were what he described to the students as "high level," since David was very impressed with the performances of each group of law students.
The regional national event was held in Columbus, Ohio and hosted by the Ohio State University Moritz College of Law.  David thanks the OSU College of Law for the opportunity to serve as a panel judge for the competition.

David's Seminar on Legal Ethics in Civil Litigation

Attorneys in Ohio are required to have a certain number of hours in professionalism and legal ethics every two years as part of their legal education.  The National Business Inute (NBI) asked David to speak on ethics and professionalism as part of their two-day civil litigation seminar on December 15, 2017.  The seminar was held at the Holiday Inn in Worthington.  A copy of the brochure is shown below.
Seminar attendees gave David's presentation an average of 4.5 out of 5 stars, so by that standard it went very well.  David always strives for perfection however, so he continually fine-tunes his presentations to make them as relevant as possible to attorneys' practices.  At the December 15 seminar, David spoke on: ethics in legal writing, handling highly prejudicial evidence, talking to witnesses before they testify, ethical issues in electronically-stored information, responding to jurors' questions during voir dire, and candor toward the tribunal.
If your group or organization is interested in Attorney David K. Greer presenting on a certain legal topic, please contact this website.
Presentation on, The Law Governing Investigations, Well-Received
On October 13, 2017, Attorney Greer spoke for nearly 90 minutes on The Law Governing Investigations.  It was the first segment of an all-day Continuing Legal Education seminar entitled, Your Do-it-Yourself Guide to Legal Investigations.  The seminar was held at the Holiday Inn in Worthington, and was sponsored by the National Business Institute (NBI).
David instructed attorneys supervising or hiring private investigators about the dos and don'ts of conducting a investigation within the bounds of the law.  Therefore, David addressed such topics as: stalking, online harassment and cyberstalking; wiretapping and the legality of recording calls; privacy rights violations; trespassing missteps; and GPS and vehicle tracking.  David also discussed new regulations regarding the controversial use of drones in investigations.
At the end, David covered 19 hypothetical privacy scenarios, inviting the opinions of the attendees regarding the legality of each.  Attorney Greer received several favorable comments about his presentation, and for his part, David complimented the class on being very engaged.  Some of the lawyers who attended were directly involved in conducting investigations in their practice, such as in the divorce and family law area.
A copy of the seminar brochure is below.  David wishes to thank those who attended. 
December 2016: Legal Ethics of Email Communication
On December 21, 2016, David spoke at the "Legal Ethics of Email" seminar in Cincinnati.  David spoke for one hour on the subtopic, "Sending Emails to Clients, Opposing Counsel, the Court and Third Parties."  Confidentiality, password protection, enforceability of legal disclaimers, email discovery, and the Fourth Amendment, were some of the cutting edge issues David addressed.  Later in the seminar, Attorney Greer spoke for 30 minutes on the subtopic, "Data Security and Cloud Storage---Does the Email You Delete Really Disappear?"  David answered this question and others, such as: how long emails stay on provider servers, whether they are encrypted and who has access to them, and are they discoverable.  Other presenters at the Cincinnati seminar were attorneys W. John Sellins and George D. Jonson.  The seminar was held at the Clarion Hotel Cincinnati North.  Based on comments from some of the seminar attendees and their evaluations afterward, David's presentation was well-received.  The seminar was sponsored by National Business Institute (NBI), and was offered as continuing education credit for lawyers and paralegals.
2016 was a busy year of speaking engagements for David.  In addition to this seminar, he spoke at another NBI seminar in Worthington, Ohio on December 16, 2016 (both brochures shown below).  And on May 20, 2016, Attorney Greer spoke for one hour in Columbus on the topic of indigent parents' defense to an attempt to collect child support by a public children services agency.  That seminar was sponsored by the Central Ohio Association of Juvenile Lawyers (COAJL).
David's Columbus Presentation on Top Attorney-Client Mistakes Also Well-Received
On December 16, 2016 Attorney David K. Greer spoke for an hour on two legal ethics topics: unclear attorney-client engagement agreements and communication problems between attorneys and clients.  The latter topic is a huge interest for David, since he places a great deal of emphasis on communication with clients in his practice.  Speaking to approximately 35 attorneys at the Holiday Inn in Worthington, David presented a pie chart showing that 55% of the total communication conveyed is by way of body language and 38% is by tone of voice.  Only 7% of communication is through actual words.  Some of the attendees were surprised by this, but David proved his point through a humorous live demonstration.  Based on comments from some of the attendees, his presentation waswell-received.   
Some of the other topics David discussed at the seminar were: owning up to a mistake, informed consent from a client, and active listening.  He also emphasized that attorneys should include their own responsibilities in an engagement agreement, not just the responsibilities of the client.  The topics David addressed mirrored his own philosophy of a client-centered law practice.
An all-star list of prominent legal ethics experts spoke at the seminar, which included Ohio Disciplinary Counsel Scott Drexel, his assistant Joseph Caligiuri, as well as former Disciplinary Counsel Geoffrey Stern.  David wishes to thank those who attended the seminar.
David K. Greer Named One of Columbus CEO's Top Lawyers for 2015
In its April 2015 issue, Columbus CEO magazine has named Attorney David K. Greer one of its Top Lawyers for 2015, in the practice area of of appeals.
In the article, Editor Mary Yost writes, "Columbus CEO congratulates the lawyers who appear on this list.  They represent a wealth of immense legal talent in central Ohio, ready to address every legal need."
The magazine based its list on Avvo, a Seattle-based company that rates and profiles attorneys nationwide.  "Avvo uses a proprietary algorithm to rate attorneys on a 10-point scale, factoring in peer endorsements as well as experience, education, training, speaking, publishing and awards.  These dynamic ratings are continuously refreshed based on new information gleaned from attorneys as well as from licensing and disciplinary authorities.", the article noted.  In other words, this wasn't just a high school popularity contest.
David wishes to congratulate the other lawyers who made Columbus CEO's list.  Here is the cover of the magazine, which was distributed to professional offices, libraries, and newsstands throughout central Ohio:
David Named a Super Lawyer 11 Years in a Row!
For the 11th year in a row, attorney David K. Greer has been named a Super Lawyer by the magazine.  For 2016, he was once again given the honor in the area of Appellate Practice.  In previous years he was honored in the areas of Criminal Defense (general) and General Litigation.
David's recognition as a Super Lawyer for 2016 appears in the latest issue of the magazine, the cover of which is shown below.  David wishes to congratulate the other lawyers in the state who have been named to the Super Lawyers panel by Thomson Reuters for 2016. 

Super Lawyers Reception, Columbus 2016
On January 14, 2016, a Super Lawyers reception was held at Lindey's Restaurant in German Village in Columbus.  In this file photo from last year's event, David is pictured with attorney David Shroyer, partner with Colley Shroyer Abraham, a medical malpractice and personal injury firm in Columbus.  Super Lawyers receptions are more than just wine and cheese: the two Davids in the photo discussed the possibility of a co-counsel relationship on future cases.

What Being Named A "Super Lawyer" Means:
Super Lawyers rates outstanding lawyers in more than 60 practice areas.  Ohio Super Lawyers magazine features the list of selected attorneys and is distributed throughout the state, as well as being published as a special section in Cincinnati Magazine, Columbus Monthly, Cleveland Magazine, and Inside Business.  David is one of only several lawyers in the state to receive the Super Lawyer distinction for Appellate Practice in 2016.
To become a member of the Super Lawyers panel, the magazine employs a selection process that includes:
1. Each year, Super Lawyers magazine invites lawyers to nominate the top attorneys they've personally observed in action.  Their attorney-led research staff also searches for lawyers who have attained certain honors or results.
2. Their researchers evaluate candidates by 12 indicators of peer recognition and professional achievement.  Research evaluations are based on information from a variety of online and database sources including law firm websites, legal publications and information supplied by lawyers at my.superlawyers.com.
3. Candidates are grouped according to their primary practice areas.  Candidates in each practice area who received the highest point totals in the steps above are asked to serve on a review panel.
4. For the final selection process, candidates are grouped into categories based on firm size.  The attorneys with the highest totals from each category are selected.  Thus, lawyers are grouped with other lawyers of comparable firm size.
For a more detailed description of the Super Lawyers selection process, visit superlawyers.com/selectionprocess. 
The magazine often profiles a "Super Lawyer" regarding some aspect of the lawyer's life other than practicing law.  In 2006, David was featured in the magazine and his second job as a radio DJ was highlighted.

And Speaking Of David's Radio Career...
David was also featured in the fall 2007 edition of OSU Alumni magazine.  David is an Ohio State University graduate (B.A. Journalism, 1983), and the article talks about his dual career as a lawyer and DJ.

Job Well Done
The U.S. Court of Appeals for the Sixth Circuit's 70th Conference was held in Columbus, Ohio May 4-7, 2010.  The blockbuster list of speakers included U.S. Supreme Court Chief Justice John G. Roberts, Jr., former U.S. Solicitor and current U.S. Supreme Court Associate Justice Elena Kagan, and U.S. Attorney General Eric Holder, Jr.

David served on the planning subcommittee for the conference, and received this letter of thanks from Sixth Circuit judges R. Guy Cole, Jr. and Jeffrey S. Sutton.


Career Highlights
May 1998: Along with co-counsel Andy Cecil, Esq., then with the firm Plymale & Associates, helped obtain a $155,000 settlement from the City of Columbus in a wrongful imprisonment and malicious prosecution civil rights lawsuit.

March 2000: Won a not guilty verdict from a jury in Franklin County Common Pleas Court for a client indicted for rape.  The client, who was an employee of the Sheraton Four Points Hotel at the time, was charged based on the allegations of a guest.
December 2000: Obtained a $103,000 judgment for a client in a malicious prosecution civil suit in Franklin County, Ohio Common Pleas Court.  The case emanated from an arrest and charge of assault following an altercation outside the Lennox Theatre in 1998. The charge was later dropped after it was discovered that the client was not involved in the episode.  The case was later settled on appeal.

May 2001: Franklin County Court of Appeals reversal of a default judgment, where client (an attorney) had been denied permission to file a late answer and counterclaim and then had a default judgment entered against her. The appeals court ruled that the Franklin County Municipal Court abused its discretion in doing so and ordered the answer and counterclaim reinstated.
March 2002: Combined jury and judge acquittal of a client indicted for attempted murder and felonious assault.

January 2004: U.S. District Court acquittal of a client indicted for conspiracy to manufacture methamphetamine, after the court granted a motion to suppress certain statements made by the client to law enforcement personnel and a motion in limine to exclude evidence of prior drug use.  

March 2004: Franklin County Common Pleas Court acquittal of a client in a five-count rape indictment.
September 2004: Franklin County Court of Appeals reversal of an order imposing over $1,300.00 in restitution on a client, on double jeopardy grounds.
October 2013: A Franklin County Domestic and Juvenile Court magistrate rules in favor of David's client, denying the client's former boyfriend's motion for shared parenting and naming the client the sole residential parent and legal custodian of the parties' daughter.  The client had cared for the girl a majority of the time since birth.

 The content of this website is for general information purposes only. It does not constitute legal advice or substitute for an attorney-client relationship.  Client results in the cases discussed on this website are not necessarily typical.  A successful outcome depends on a number of factors, including facts of the case, the law, and attorney-client relationship, and even then no litigation result is guaranteed.  Super Lawyers designation for the years 2006-2016.  Contacting David K. Greer by phone, letter, e-mail or by submitting an online form does not establish an attorney-client relationship. Any use of this website is for personal use only. All other uses are prohibited.
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