Mark M. Mikhaiel

Mark Mikhaiel’s practice focuses on litigation, encompassing a range of interconnected legal disciplines. He frequently represents clients in complex commercial and professional liability disputes, with a particular emphasis on non-medical professional malpractice; shareholder, fiduciary and business tort litigation; probate litigation; and employment-related disputes. He is driven by complex cases, striving to provide practical and efficient advice to his clients.

Mark has handled over three dozen professional liability matters involving the “case within the case” and is adept at handling intricate issues of causation, damages, and attorney-client privilege. He also maintains an active appellate practice and has been instrumental in the prosecution of appeals in state and federal appellate courts. With a track record of appellate success, Mark is often retained to oversee appeals of matters originally handled by other firms. When it becomes necessary, Mark is also experienced in arguing before the Supreme Court of Ohio. Mark is one of the youngest lawyers to obtain a unanimous reversal (i.e., 7-0) in a civil case at the Supreme Court of Ohio. (See AJZ’s Hauling, L.L.C. v. TruNorth Warranty Program of N. Am., Slip Opinion No. 2023-Ohio-3097.)

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.

• Appellate Advocacy
• Litigation
• Business/Commercial Litigation
• Employment Litigation
• Trust, Estate, and Probate Litigation

Education

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

Admissions and Associations

• State of Ohio
• State of New York
• Province of Ontario (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, Southern District of New York
• U.S. District Court, Western District of Pennsylvania
• U.S. Sixth Circuit Court of Appeals
• Ohio State Bar Association (OSBA), Member
  • Litigation Section, Council Member
• Cleveland Metropolitan Bar Association (CMBA), Member 
• Cleveland Academy of Trial Attorneys (CATA), Member 
• Case Western Reserve University School of Law-Alumni Board, Board Member

Awards and Honors

• Martindale-Hubbell® Peer Reviewed
• 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

• Appointed to serve on the Cuyahoga County Human Rights Commission (CCHRC) 
• Cleveland Metropolitan Bar Association 3Rs Program, Volunteer
• St. Mary & St. John Coptic Orthodox Monastery, Counsel

Articles & Presentations

• FTC Ruling: Practical Insights On Litigating Non-Competes, Cleveland Metropolitan Bar Journal, November 2024
• What You Need to Know: How to Use the Guardian’s Bond in Furtherance of a Maximizing Recovery in a Surcharge Motion, Probate Law Journal of Ohio, July/Aug 2024
• What's res judicata Got to Do with it? (EVERYTHING, says the Supreme Court of Ohio), Cleveland Metropolitan Bar Association Events and Programs, March 2024
• 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, 47th 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