Mark M. Mikhaiel

Biography

Mark focuses his practice on litigation that encompasses a range of interconnected legal disciplines. Mark frequently represents clients in complex commercial and professional liability disputes, with a particular emphasis on plaintiff-side legal malpractice, shareholder, fiduciary and business tort litigation, probate litigation; and employment-related disputes. In that Mark has handled over two dozen legal malpractice matters involving the “case within the case,” Mark is adept at handling intricate issues of causation, damages, and attorney-client privilege.

Mark maintains an active appellate practice and has been instrumental in the prosecution of appeals in state and federal appellate courts, including arguing at the Supreme Court of Ohio. With a track record of appellate success, Mark is often retained to oversee appeals of matters originally handled by other firms.

Mark is a member of the Cleveland Metropolitan Bar Association’s Judicial Candidates Rating Coalition, better known as Judge4Yourself. He is admitted to practice law in both Ohio and New York.

Education

• Case Western Reserve University School of Law, 2013, J.D.
• University of Toronto, 2010, B.S.

Admissions & Associations

• State of Ohio
• State of New York
• Ontario, Canada (inactive)
• United States Tax Court
• U.S. District Court, Northern District of Ohio
• U.S. District Court, Southern District of Ohio
• U.S. District Court, Northern District of Indiana
• U.S. District Court, Western District of Pennsylvania
• U.S. Sixth Circuit Court of Appeals
• Member, Ohio State Bar Association
• Member, Cleveland Metropolitan Bar Association
• Member, Cleveland Academy of Trial Attorneys (CATA)
• Board Member, Case Western Reserve University School of Law-Alumni Board

Awards & Honors

• Martindale-Hubbell®

• Recognized in the Best Lawyers: Ones to Watch in America® since 2022 for Practice Areas:
  
  • Commercial Litigation
  • Litigation - Labor and Employment
  • Litigation - Trusts and Estates

• Selected to the Ohio Rising Stars list: 2022-present

Community Activities

• Board Member, Case Western Reserve University School of Law-Alumni Board
• Volunteer, Cleveland Metropolitan Bar Association 3Rs Program
• Counsel, St. Mary & St. John Coptic Orthodox Monastery

Articles & Presentations

• Ohio Supreme Court Updates Through July 2023, Cleveland Metropolitan Bar Association, August 2023
• Ohio Supreme Court Mid-Year Updates 2023, Ohio State Bar Association, June 2023
• ChatGPT – A Liability?, Cleveland Metropolitan Bar Association, April 2023
• The New Battleground: Ohio Supreme Court Updates 2022, Cleveland Metropolitan Bar Association, April 2023
• Ohio Supreme Court Updates 2022, Ohio State Bar Association, March 2023
• What are the Best Practices to Avoid Being Sued for Malpractice? Cleveland Metropolitan Bar Journal, October 2022
• Pandemic Continues: Supreme Court of Ohio Marches On, Cleveland Metropolitan Bar Association, May 2022
• Bueller…Bueller? No Days Off For Ohio’s Probate Courts: 2021 Case Updates, Cleveland Metropolitan Bar Association, February 2022
• Ohio Enacts a Legal Malpractice Statute of Repose, Probate Law Journal, June 2021
• While You Were Sheltering in Place: Ohio Supreme Court Decisions, Cleveland Metropolitan Bar Association, May 2021
• The Attorney Client Privilege: Three’s A Crowd, Akron Bar Association CLE Webinar, February 2021
• The Attorney-Client Privilege: Three’s a Crowd? Considerations for Estate Planning Attorneys, 47^th Annual Estate Planning Institute, Cleveland Metropolitan Bar Association, October 2020
• The Attorney-Client Privilege: Three’s A Crowd? Probate Law Journal, April 2020
• The Attorney-Client Privilege: Considerations for Legal Administrators, Association of Legal Administrators, Cleveland, Ohio March 2020
• How Law Firms Can Empower Younger Attorneys for Success, Association of Legal Administrators, Cleveland, Ohio February 2020
• Ethical Considerations for Officers of The Court, Cleveland Metropolitan Bar Journal, December 2019
• Who is the Client in the Attorney-Client Relationship? Schneider Smeltz Spieth Bell LLP Fall Connections, Cleveland, Ohio November 2019
• A Solution to access to Justice: Pro Bono Requirement for Admission to the Ohio Bar, Cleveland Metropolitan Bar Journal, June 2019
• The Dangers of the Reference Question: SCOTUS vs. SCC, Canada-United States Law Journal, 2016