Federal Judge Patricia A. Gaughan overturned a conviction after finding attorney Jay Milano never conducted any legal research to prove his client his actions were completely legal.  Jay Milano represented Kevin Lumpkin at an arraignment, during plea negotiations and at a trial without ever bothering to research the statute Mr. Lumpkin was charged under.  According to Judge Gaughan, Milano rendered deficient representation and his client was jailed 63 months because of Milano's "failure to investigate the facts underlying an essential element of the crime with which Petitioner was charged -- facts that would have shown that Petitioner was actually innocent of the crime," Lumpkin vs. United States, case # 1:15-cr-317, Northern District of Ohio.

Jay Milano often assists prosecutors during his client's post-conviction proceedings and assisted prosecutors as they fought Mr. Lumpkin's efforts to have his conviction overturned.  Mr. Milano has provided affidavits helpful to the government during its prosecution of his client Dr. Terrence Sasaki and worked closely with Prosecutor Dan Kasaris during Tony Viola's second criminal trial, where Viola proved his innocence.  Before Viola's first trial, Milano collected $15,000 for an investigation but simply pocketing the money, never paid his investigator then showed up to Viola's criminal trial without any investigative materials or witness interview summaries.  During trial, Milano demanded a $25,000 "short term loan" then sought a "Contingency Fee Agreement" from Viola, which is prohibited under the Ohio Rules of Professional Conduct.

"Anyone considering hiring Jay Milano should first read an expert report on his professional conduct prepared by Mr. Richard Koblentz, a noted authority on an attorney's obligation to clients," said Tony Viola.