Brian J. Smith, Esq

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Rocky River, OH
Brian J. Smith, Esq

Trusted legal representation for criminal matters, unemployment appeals, DUIs and labor unions. Mr. Brian J. While at Akron, Mr. After graduating, Mr.

Smith uses his trial and negotiation skills in a general practice where he has developed expertise in representing men and women in criminal matters, unemployment appeals, and OVI/DUI defense. He resides in Huron, Ohio, helping Smith Law Offices to easily reach its resources along the northern coast of Ohio, from Cleveland to Toledo.

Brian J. Smith is a member of the:
National Association of

Criminal Defense Lawyers
National Employment Lawyers Association
Ohio Association of Criminal Defense Lawyers
Ohio Employment Lawyers Association
Cleveland Metropolitan Bar Association
Lorain County Bar Association
Cuyahoga Criminal Defense Lawyers Association
Cleveland Employment Lawyers Association
Ohio Bar Association
West Shore Bar Association
Parma Bar Association
Southwest Area Bar Association
National Lawyers Guild
National College for DUI Defense
DUI Defense Lawyers Association

Mr. Smith is currently admitted to practice in the State of Ohio, the United States District Court for the Northern and Southern Districts of Ohio, and the United States Court of Appeals for the Sixth Circuit. Smith graduated from Kent State University in 1996 with a Bachelors Degree in Psychology. He earned his law degree from the University of Akron School of Law, where he graduated summa cm laude in 2005. Smith served as an assistant and associate of the Law Review, having an article of his own published in 2005. Smith served as an instructor at Akron, preparing law students for the rigors of legal research, writing and oral arguments. While studying at Akron, Mr. Smith was awarded the Ernest Karam Award of Academic Excellence, the Federal Bar Association Constitutional Law Award, and multiple Excellence for the Future Awards. When Brian takes time away from his legal career, he spends his time as the father of three lively children. He is a member of St. Peter's Catholic church in Huron as well as a frequent visitor to the Sorrowful Mother Shrine in Bellevue. Brian and his children look forward to opportunities to get outdoors to cycle, hike, fish, play catch with their redbone coonhound Duke, barbecue, and to explore his enjoyment of photography.

12/12/2025

https://www.brianjsmithesq.com/blog/2025/12/12/ohios-new-ma*****na-rules-under-sb-56-what-everyday-users-need-to-know

With S.B. 56, the General Assembly repealed the prior adult-use “Cannabis Control Law” structure and merged adult-use ma*****na regulation into Ohio’s existing Medical Ma*****na Control Law (Chapter 3796). In plain terms: adult-use ma*****na is still legal for adults 21+, but the practical rul...

12/03/2025

https://www.brianjsmithesq.com/blog/2025/12/3/protecting-the-sacred-ground-of-union-elections-ohios-hygienic-conditions-standard

The moment workers decide to organize represents a critical juncture in labor relations. During this vulnerable period, employers often deploy tactics designed to influence, intimidate, or manipulate the outcome. Ohio law recognizes this danger and requires that all representation elections occur un

11/28/2025

https://www.brianjsmithesq.com/blog/2025/11/28/win-or-lose-at-the-hearing-understanding-ohios-limited-standard-of-review-in-unemployment-cases

Many unemployment claimants believe that if they lose their initial hearing, they can simply present their case anew on appeal and get a fresh determination. This misconception can be devastating. Two recent Ohio appellate decisions, Clark v. Director, Ohio Department of Job & Family Service

11/27/2025

11/26/2025

https://www.brianjsmithesq.com/blog/2025/11/26/second-chances-at-serb-mastering-motions-for-reconsideration-in-ohio-labor-cases

Every union attorney knows the sinking feeling when SERB issues an unfavorable ruling. Whether dismissing an unfair labor practice charge, denying a representation petition, or ruling against the union on a procedural matter, these decisions can feel final and devastating. But Ohio law provides a cr

11/24/2025

https://www.brianjsmithesq.com/blog/2025/11/24/when-traffic-stops-go-too-long-understanding-your-rights-against-prolonged-detention-in-ohio

Every traffic stop begins with a specific purpose, whether for speeding, a broken taillight, or an expired registration. But what happens when officers keep you on the roadside long after addressing the original reason for the stop? Ohio law places strict limits on how long police can detain you dur

11/21/2025

https://www.brianjsmithesq.com/blog/2025/11/21/understanding-ohios-unemployment-fraud-rules-intent-consequences-and-the-lessons-from-mikhelson

Unemployment compensation serves as a critical safety net for Ohio workers who lose their jobs through no fault of their own. However, this system depends on claimants providing accurate information about their circumstances, particularly regarding any wages they earn while receiving benefits. The r

11/19/2025

https://www.brianjsmithesq.com/blog/2025/11/19/getting-your-money-back-understanding-retroactive-pay-in-ohio-conciliation-awards

When police officers, firefighters, and deputy sheriffs reach impasse in bargaining, conciliation becomes their path to resolution. Unlike private sector workers who can strike, these essential public employees must rely on a neutral conciliator to resolve contract disputes. But even after winning w

11/17/2025

https://www.brianjsmithesq.com/blog/2025/11/17/the-power-of-suppression-motions-your-constitutional-shield-against-illegal-police-conduct

When facing criminal charges, particularly OVI cases, one of the most powerful tools in the defense arsenal is the motion to suppress. This legal mechanism can eliminate key evidence against you, often resulting in dismissed charges or significantly weakened prosecution cases. Understanding how supp

11/14/2025

https://www.brianjsmithesq.com/blog/2025/11/14/fair-application-of-employer-rules-a-critical-element-in-ohio-unemployment-cases

When an employer terminates an employee for violating company policy, Ohio unemployment law requires more than just proving the violation occurred. The employer must also demonstrate that the policy was both fair and fairly applied. A recent Ohio appellate court decision illustrates how this req

11/12/2025

https://www.brianjsmithesq.com/blog/2025/11/12/c26w7brk76ekb8059f7ynxs78rifia

Union members facing disputes within their own organizations often want immediate relief from the State Employment Relations Board. However, Ohio law requires a crucial preliminary step that many overlook: exhausting all available internal union remedies before SERB will consider certain unfair labo

11/10/2025

https://www.brianjsmithesq.com/blog/2025/11/10/the-inventory-search-exception-when-police-can-search-your-impounded-vehicle-without-a-warrant

When police impound a vehicle, they often conduct what they call an "inventory search" before towing it away. While this might seem like a routine administrative procedure, these searches frequently uncover evidence that leads to criminal charges. Understanding the strict legal requirement

Address

20545 Center Ridge Road, Ste 215
Rocky River, OH
44116

Telephone

+18006411970

Website

https://www.BrianSmithLaw.com/

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Our Story

Mr. Smith uses his trial and negotiation skills in a general practice where he has developed expertise in representing men and women in criminal matters, unemployment appeals, DUI defense and union labor law. While the his main office is in Rocky River, he resides in Huron, Ohio helping Smith Law Offices to easily reach its resources along the northern coast of Ohio, from Cleveland to Toledo. Clients appreciate his work with many positive reviews and he works diligently to ensure everyone he serves receives the skill, attention and representation worthy of such kind reviews.

Brian J. Smith is a member of the: Ohio Employment Lawyers Association; Ohio Association of Criminal Defense Lawyers; Cleveland Metropolitan Bar Association; Cleveland Employment Lawyers Association; Ohio Bar Association; West Shore Bar Association; Lorain County Bar Association; Parma Bar Association; Southwest Area Bar Association; National Lawyers Guild; National College for DUI Defense; DUI Defense Lawyers Association. He participates with these legal associations to ensure he remains in front of the developing law and to contribute whenever possible.

Mr. Smith is currently admitted to practice in the State of Ohio, the United States District Court for the Northern and Southern Districts of Ohio, and the United States Court of Appeals for the Sixth Circuit. Brian J. Smith graduated from Kent State University in 1996 with a Bachelors Degree in Psychology. He earned his law degree from the University of Akron School of Law, where he graduated summa cm laude in 2005. While at Akron, Mr. Smith served as an assistant and associate of the Law Review, having an article of his own published in 2005. After graduating, Mr. Smith served as an instructor at Akron, preparing law students for the rigors of legal research, writing and oral arguments. While studying at Akron, Mr. Smith was awarded the Ernest Karam Award of Academic Excellence, the Federal Bar Association Constitutional Law Award, and multiple Excellence for the Future Awards. When Brian takes time away from his legal career, he spends his time as the father of three lively children. He is a member of St. Peter's Catholic church in Huron as well as a frequent visitor to the Sorrowful Mother Shrine in Bellevue. Brian and his children look forward to opportunities to get outdoors to cycle, hike, fish, play catch with their redbone coonhound Duke, barbecue, and to explore his enjoyment of photography.