David E. Koerner

David E. Koerner

Location:
Chardon, Ohio
Phone:
440-319-3218
440-549-7116
440-296-5818
1-800-ATTORNEY (Toll Free)
Fax:
440-279-0661
Email:

I am proud to be a criminal defense attorney; and I take my role as the guardian of my client’s constitutional rights very seriously. Every accused has the right to and need for competent and effective legal representation. I advise all of my clients that they should seek legal representation from the beginning of an investigation because if they wait for the charges, then the damage is often already done, and your defense becomes more difficult. Do not talk to the police until you have talked to me!

I have been practicing law in Northeastern Ohio for over 30 years, with wide-ranging experience as a prosecutor, criminal defense attorney, civil litigator, magistrate, and acting judge. Generally, my practice has focused on litigation and appeals. I have top notch legal research, legal analysis, and legal writing skills, which form the foundation of my achievements as a trial and appellate attorney.

I have successfully tried hundreds of cases over the years. Even if the decision does not go my client’s way in the trial court, I can assure my clients that I have preserved any reversible errors for appeal through filing proper pleadings, motions, briefs, and jury instructions; and making timely objections. My jury trial experience has included a 12-week federal RICO trial of 14 members of the Outlaws Motorcycle Club, which also involved a murder, several state homicide trials, all degrees of felony trials, and some misdemeanor trials.

I have also handled dozens of appeals over the years; and I have had a high rate of success. I have won appeals in the 6th Circuit Court of Appeals, numerous Ohio State Courts of Appeals, and the Ohio Supreme Court. From the time I started performing legal research and writing in law school until the present, my legal research and writing skills have been recognized by professors, other attorneys, and judges as extraordinary.
I knew I wanted to be a trial lawyer and probably a criminal defense lawyer before I started law school. All my career choices have been made with an eye on developing my knowledge and skills to become the best trial lawyer possible. My first legal job was working as a legal aide for the Dayton Chief of Police at which I learned about the inner workings of an urban police department.

Next, I worked as a law clerk for a highly respected judge in the Montgomery County Court of Common Pleas during and after law school. In this job, I learned how the court system works at the trial court level. After I passed the bar exam, I worked as a law clerk for that same judge in the State Court of Appeals. In the Court of Appeals, I learned the ingredients for a successful appeal and I found that I had a special affinity for appeals.
My first job as a litigation lawyer was with a bigger firm in downtown Cleland. It was very valuable experience to work with many elite trial attorneys, but I realized that the only way to get trial experience was to become a prosecutor and/or a public defender. So, I found a job with the Lake County Prosecutor and accumulated vast trial experience. From there, I moved to the Lake County Public Defender’s Office; and discovered that I was born to be a criminal defense attorney.

In 1992, I was offered the position of magistrate/acting judge in the Willoughby Municipal Court. At the same time, I joined a litigation law firm that focused on criminal defense, plaintiff’s personal injury, and appeals. In 1996, I left Willoughby Municipal Court and began working as a part-time magistrate in Lake County Juvenile Court and as an acting judge in Painesville Municipal Court. From 1996 to present, I have also maintained a full-time law practice devoted to civil and criminal litigation and appeals.

Litigation Percentage

  • 80% of Practice Devoted to Litigation

Bar Admissions

  • Ohio, 1985
  • U.S. District Court Northern District of Ohio, 1987
  • U.S. Court of Appeals 6th Circuit, 1987

Education

  • University of Dayton School of Law, Dayton, Ohio
    • J.D. - 1985
    • Honors: Am. Jur. Award highest grade Torts II & highest grade International Law
    • Law Review: 9 U. Dayton L. Rev.315, Case Note, “Restriction on the Trial Court's Discretion in Ruling on Rule 55(c) and 60(b) Motions to Vacate Default Entries and Judgments--United Coin Meter Co. v. Seaboard Coastline R.R., 705 F.2d 839 (6th Cir. 1983),”, Member, Assistant Articles Editor, Asociate Production Editor, 1983 - 1985
  • University of Dayton
    • B.A. - 1981
    • Major: American Studies

Published Works

  • Case Note, “Restriction on the Trial Court's Discretion in Ruling on Rule 55(c) and 60(b) Motions., 9 U. Dayton L. Rev. 315, 1983
  • “Corporate Attorney-Client Privilege since Upjohn, at Home and Abroad,”, U. Dayton L. Rev., v.9 pg. 425., 1984

Professional Associations and Memberships

  • Geauga County Bar Association, Member, 2018 - Present
  • Lake County Bar Association, Member, 2018 - Present

Past Employment Positions

  • Lake County Juvenile Court, Magistrate, 1996 - 2008
  • Painesville Municipal Court, Acting Judge, 1996 - 2009
  • Various Document Review Companies , Document Review Attorney, 2015 - 2017
  • City of Mentor Prosecutor, Assistant Prosecutor, 1996 - 2003
  • Willoughby Municipal Court, Magistrate/Acting Judge, 1992 - 1995
  • Lake County Public Defender's Office, Assistant Public Defender, 1990 - 1992
  • Lake County Prosecutor's Office, Assistant Prosecutor, 1988 - 1990
  • Burke, Haber & Berick, Associate Attorney, Litigation Dept., 1986 - 1988
  • Court of Appeals of Ohio, Second Appellate District, Law Clerk for Judge William Wolfe, Jr., 1985 - 1986
  • Montgomery County Common Pleas Court, Law Clerk for Judge Wolfe & Judge Richard Dodge, 1984 - 1985
  • City of Dayton Police Department, Legal Aide to Police Chief, 1982 - 1983