PATRICK NESBITT, ATTORNEY
Education:
****, *.*., ********** ** Michigan School of Law
****, *.*., **** ******** University (Magna cum Laude, Mathematics)
Licensure:
Ohio, 1981; Kentucky, 1982; U.S. District Court, Southern District of Ohio, 1981;
U.S. District Court, Eastern District of Kentucky, 1982; U.S. Sixth Circuit Court of
Appeals, 1981; U.S. Supreme Court, 1986.
Experience:
1986 - Present, Sole Practitioner, Cincinnati, Ohio
Practicing primarily in corporate law focusing on owner-operated businesses
(primarily start ups and emerging businesses) and in estate planning and
probate.
The corporate practice involves the structuring, incorporation, securities
qualification, tax qualification, and operation of relatively small companies.
Specific further tasks include handling transactional disputes, creation of
personnel procedures and manuals, structuring and oversight of loans to and
sales of equity by the entity, and purchases or sales of the entity or
substantially all its assets.
The probate and estate planning practice involves planning and administering
estates, to achieve clients' personal preferences, to minimize estate taxes,
and to transfer assets to their ultimate recipients as quickly and painlessly as
possible. Planning devices commonly used are Wills, A/B trusts (including
QTIP), GRATs, GRITs, CRATs and CRUTS, PRTs, "Living" trusts, Life
Insurance trusts, and FLPs, POAs, DPAHCs, and Living Wills.
1985 - 1986: Associate, Goodman & Goodman, Cincinnati
Practicing in a small general practice family firm.
This practice involved civil and criminal general litigation, domestic relations,
corporations, tax, and real estate areas.
1981 - 1985: Associate, Steer, Strauss White & Tobias, Cincinnati
Practice in this firm transitioned from a general practice to a "boutique"
practice limited to the area of utility rate setting before the public utility (public
service) commissions of Ohio and Kentucky.
This practice involved preparing for and representing large industrial
corporations in adversarial administrative utility rate setting proceedings in
Ohio and Kentucky, and before the Federal Energy Regulatory Commission,
and required familiarity with and review of utility operations and rate
structures as well as administrative law and utility rate law.
Seminars Presented:
National Business Institutes Seminar, Counseling the Small Business Client in
Ohio, 2004
National Business Institutes Seminar, Estate Planning Issues for Closely Held
Businesses in Ohio, (Buy-Sell Agreements) 2002
Cincinnati Area Senior Services, Guardianship Assistance Program seminar, 2000
Cincinnati Area Senior Services, Guardianship Assistance Program seminar, 1999
Service Corp of Retired Executives (SCORE), U.S. Department of Commerce, 1998
Service Corp of Retired Executives (SCORE), U.S. Department of Commerce, 1997
Retirement and Estate Planning Workshop, Xavier University, June 13 & 20, 1995
National Business Institutes Seminar, Planning Opportunities With Living Trusts in
Ohio, 1995
National Business Institutes Seminar, How to Draft Wills and Trusts in Ohio, 1994
Retirement and Estate Planning Workshop, Xavier University, November, 1994
PROFESSIONAL ASSOCIATIONS:
Ohio Award for Excellence, Examiner, 2004 2005
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A state-level Baldrige award type organization
Greater Cincinnati Chamber of Commerce Small Business Awards, Examiner, 2004
Greater Cincinnati Chamber of Commerce Small Business Awards, Examiner, 2003
A business of the year award based on Baldrige Award criteria
West Chester Chamber Alliance, Leadership 21 Leadership Class, 2003-2004
A Chamber leadership class to train potential non-profit Board candidates
The Lawyers' Club of Cincinnati -- President, 1997
A professional and social club for attorneys.
Entrepreneurial Society -- President, 1990 - 1992
An organization for start ups and small businesses.
Ohio Small Business Council -- Greater Cincinnnati Chamber of
Commerce representative, 1987 - 1991
The O.S.B.C. is the "Board of Directors" for the small business arm of the
Ohio Chamber of Commerce, setting policy for the organization as that policy
applies to small business members..
Notable Cases:
Cohen v. Estate of Cohen, 23 Ohio St. 3d 90 (1986)
Established that when a person makes transfers during life that rob a pre-nuptual
agreement of its practical effect, a constructive trust for the surviving spouse's benefit
can be imposed upon the Estate.
Greater Cleveland Welfare Rights Organization, et al. v. Public Utilities Commission of Ohio, et al.
(PURPA litigation), 2 Ohio St. 3d 62 (1982)
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Established that under the federal Public Utilities Regulatory Policies Act a state utility
regulatory commission may set utility rates for a customer class below the utility's cost
of serving that class, but that if after a public hearing of the matter the commission
decides such below cost rates are not wise policy the commission need not set such
rates.
Memberships and Associations:
Camargo Club
Rolling Rock Club, Ligonier, PA
University Club
Lawyers' Club of Cincinnati
Butler County Bar Association
Ohio State Bar Association
Kentucky Bar Association
Greater Cincinnati Venture Association
Greater Cincinnati Chamber of Commerce
Southeastern Butler County Chamber of Commerce
Mercantile Library Association
The Provisional Club
Indian Hill Shooting Club
Cincinnati Squash Racquets Association
Personal:
Married (1986) to Natalie Rogers Nesbitt, three children, Jenny (1988), Christopher (1989), August
(1992).
Office: 8050 Beckett Center Drive, Suite 113 513-***-****
West Chester, OH 45069 513-***-**** fax
********@***.***
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