Law firm sued over referral service

Legal News Center

Another lawsuit has been filed against Winters Yonker & Rousselle, asking that it be forced to forfeit all attorneys’ fees for allegedly accepting unethical referrals from a for-profit referral service.

The complaint, filed Wednesday in Jefferson Circuit Court, asks that the suit be certified as a class action on behalf of all of the firm’s clients in Kentucky.

The suit was filed by James Rose and Christopher Rose of Elizabethtown, who says they hired the law firm after a motor-vehicle accident in May 2009.

The suit says that about two minutes after calling the 1-800-ASK-GARY referral line, Christopher Rose, James’ adult son, was contacted by as representative of Winters & Yonker, as the firm is now known, and instructed to meet him at 1st Physicians Rehabilitation Inc., a medical office in Louisville, where the law firm signed up the Roses as clients.

The suit alleges that the law firm obtained the referrals through “illegal and/or unethical solicitation,” and that attorneys fees collected by Winters & Yonker from the Roses and other clients should be forfeited. Kentucky lawyer ethics rules prohibit referrals in return for anything of value.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

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