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Cleveland, OH criminal defense attorney Jay Milano tells us about a memorable case involving the representation of a professional. He discusses that a century ago, all the criminal defense lawyers in Ohio—a much smaller group back then—decided to form the Ohio Association of Criminal Defense Lawyers. They saw themselves as the guardians of the Sixth Amendment, standing between the people and the police, yet the public often misunderstood and mistrusted them. He takes particular pride in having been the organization’s first president, among about fifty lawyers statewide.
One founding member, a lawyer from Sandusky, Ohio, had been shaped by personal experience. As a young man working in a Ford plant, he had gotten into trouble but was acquitted. That experience inspired him to become a lawyer and dedicate his life to defending others. Known for his relentless advocacy, he became the go-to lawyer in Sandusky for anyone facing serious charges.
Near the end of his career, in his seventies, he represented a minister accused of sexual abuse. Convinced of his client’s innocence, he faced a dire situation: the expert witness for the case had died, leaving him without crucial testimony. He filed motions with the judge to address this, but the judge never ruled, leaving him in an impossible position. The trial began, and the judge demanded he proceed, threatening contempt. In an act of extraordinary principle, he refused to try the case without an expert, knowing he could not provide effective counsel.
The jury was called, but he abstained, and immediately afterward, he faced a contempt hearing. He was sentenced to thirty days in jail—a sentence so severe that even extreme acts outside the courtroom would not have carried the same consequence. A grievance was filed against him, which eventually reached the Ohio Supreme Court. There, he defended his actions, emphasizing justice and the ethical duty of a lawyer to act in the client’s best interest, even at personal cost. While the court did not dismiss the case entirely, it issued a reduced penalty, recognizing the ethical complexity of the situation.
This story underscores a timeless truth about legal ethics. Despite Ohio’s extensive rules—over 198 pages—a good lawyer needs four core qualities: integrity, honesty, decency, and courage. If a lawyer does the work, tells the truth, treats clients and the system with respect, and has the courage to stand up for clients, that is the lawyer anyone should hire. Those are the principles he believes define the very best legal representation.
