Brewing Awareness: National Beer Day and the Legal Risks of DUIs and Dram Shop Liability

Explore the history of National Beer Day and learn about the legal risks associated with DUIs and dram shop liability. Stay informed and celebrate responsibly with Marko Law.

Brewing Awareness: National Beer Day and the Legal Risks of DUIs and Dram Shop Liability

Brewing Awareness: National Beer Day and the Legal Risks of DUIs and Dram Shop Liability

National Beer Day commemorates a pivotal moment in American history—the end of Prohibition. On April 7th, 1933, the Cullen-Harrison Act was enacted, allowing people to legally buy, sell, and consume beer with an alcohol content of up to 3.2% by weight. This act was signed into law by President Franklin D. Roosevelt, marking the first step towards the repeal of Prohibition, which would be completed later that year with the ratification of the 21st Amendment to the Constitution.

Prohibition, which lasted from 1920 to 1933, was a nationwide ban on the production, importation, transportation, and sale of alcoholic beverages. It was a controversial period in American history characterized by bootlegging, speakeasies, and the rise of organized crime. The repeal of Prohibition was met with widespread celebration and relief, as it marked the restoration of personal freedoms and the return of a beloved social institution—beer.

Since its inception, National Beer Day has evolved into an annual celebration of beer and brewing culture in the United States. It's a day for beer enthusiasts to raise a glass in tribute to the craftsmanship, diversity, and tradition of this beloved beverage. From craft breweries to household names, National Beer Day is an opportunity to honor the contributions of the brewing industry to American culture and heritage.

The Legal Risks of Driving Under the Influence (DUIs)

DUI laws prohibit individuals from operating motor vehicles while under the influence of alcohol or drugs. The legal limit for blood alcohol concentration (BAC) varies by jurisdiction but is typically set at 0.08% in the United States for drivers aged 21 and older. For drivers under the legal drinking age, lower BAC limits may apply, or a zero-tolerance policy may be in place.

The penalties for DUI offenses vary depending on factors such as the driver's BAC level, prior DUI convictions, and the presence of aggravating circumstances such as accidents or injuries. Common penalties for DUI offenses may include:

   - Fines: DUI offenders may be required to pay fines ranging from hundreds to thousands of dollars, depending on the severity of the offense and jurisdictional guidelines.

   - License Suspension or Revocation: DUI convictions often result in the suspension or revocation of the driver's license for a specified period. Repeat offenders may face longer license suspensions or permanent revocation of driving privileges.

   - Jail Time: In cases of severe DUI offenses, including repeat offenses or those involving accidents or injuries, offenders may be sentenced to jail or prison time.

   - Probation: DUI offenders may be placed on probation, during which they must comply with certain conditions such as attending alcohol education classes, participating in substance abuse treatment, and refraining from alcohol consumption.

   - Ignition Interlock Device (IID): Some jurisdictions require DUI offenders to install ignition interlock devices in their vehicles, which require the driver to pass a breathalyzer test before starting the vehicle.

Certain factors can exacerbate the severity of DUI offenses and result in harsher penalties. These may include:

   - High BAC Levels: Drivers with elevated BAC levels significantly above the legal limit may face enhanced penalties.

   - Prior DUI Convictions: Repeat DUI offenders typically receive more severe penalties than first-time offenders.

   - Accidents or Injuries: DUI accidents that result in property damage, bodily injury, or fatalities can lead to felony charges and lengthy prison sentences.

Individuals charged with DUI offenses have the right to legal representation and the opportunity to defend themselves in court. Consulting with a qualified DUI defense attorney is essential for understanding one's rights, navigating the legal process, and potentially mitigating the consequences of a DUI conviction.

Dram Shop Liability

Dram shop laws are legal statutes that hold establishments liable for serving alcohol to individuals who subsequently cause harm to themselves or others as a result of their intoxication. The concept of dram shop liability recognizes the role that establishments such as bars, restaurants, and liquor stores play in the responsible service of alcohol and aims to hold them accountable for their actions.

Dram shop laws vary by state and jurisdiction, but they generally impose civil liability on alcohol-serving establishments for injuries or damages caused by intoxicated patrons. These laws typically establish the circumstances under which an establishment can be held liable, the types of damages that may be recovered, and any defenses available to the establishment.

Dram shop liability is based on the principle that alcohol-serving establishments have a duty of care to serve alcohol responsibly and prevent foreseeable harm to patrons and third parties. When an establishment serves alcohol to a visibly intoxicated individual or a minor, and that individual subsequently causes harm due to their intoxication, the establishment may be held liable for damages resulting from the incident.

Dram shop liability may extend to various types of establishments that serve alcohol, including bars, restaurants, taverns, nightclubs, and liquor stores. Liability can arise from the sale or service of alcohol on the premises or through off-site sales, such as packaged liquor sales.

To minimize the risk of dram shop liability, alcohol-serving establishments should implement policies and procedures designed to promote responsible alcohol service and mitigate the risk of over-serving patrons. This may include staff training programs, monitoring of patron intoxication levels, and adherence to state and local alcohol service regulations.

Legal Responsibilities of Establishments that Serve Alcohol to Patrons

Duty to Refrain from Serving Visibly Intoxicated Individuals

One of the primary legal responsibilities of establishments that serve alcohol is to refrain from serving alcohol to individuals who are visibly intoxicated. Staff members are trained to recognize signs of intoxication, such as slurred speech, impaired coordination, and aggressive behavior, and to refuse service to patrons who exhibit these signs.

Duty to Exercise Reasonable Care and Judgment

Establishments have a duty to exercise reasonable care and judgment when serving alcohol to patrons. This includes assessing the sobriety of patrons before serving them alcohol, monitoring alcohol consumption levels, and intervening if necessary to prevent overconsumption and intoxication.

Duty to Train Staff Members

Establishments are responsible for training their staff members to recognize signs of intoxication, understand relevant alcohol laws and regulations, and follow established alcohol service protocols. Training programs typically cover topics such as responsible alcohol service practices, identification of fake IDs, and intervention strategies for dealing with intoxicated patrons.

Duty to Refuse Service to Patrons at Risk of Harm

Establishments have a duty to refuse service to patrons who pose a risk of harm to themselves or others due to intoxication. This includes patrons who are visibly intoxicated, underage individuals attempting to purchase alcohol, and individuals who exhibit aggressive or disruptive behavior.

Duty to Comply with Alcohol Service Laws

Establishments must comply with all applicable alcohol service laws and regulations, including age verification requirements, hours of operation restrictions, and limitations on serving alcohol to intoxicated individuals. Failure to comply with these laws can result in fines, penalties, and legal consequences for the establishment.

Potential Liability for Establishments

Legal Standard for Liability

In cases of dram shop liability, establishments may be held liable if they serve alcohol to individuals who are visibly intoxicated or who pose a risk of harm to themselves or others due to intoxication. Establishments have a duty of care to assess the sobriety of patrons before serving them alcohol and to refuse service if they believe that continued service would create a risk of harm.

Scope of Liability

Establishments may be held liable for a range of alcohol-related incidents, including:

   - Accidents caused by intoxicated patrons who drive under the influence of alcohol.

   - Altercations or assaults involving intoxicated patrons.

   - Injuries resulting from slips, falls, or other accidents caused by intoxication.

Factors Considered in Liability Determination

When determining liability in dram shop liability cases, courts may consider factors such as:

   - The level of intoxication of the patron at the time of service.

   - The establishment's knowledge or should have known about the patron's intoxication.

   - Any prior incidents or complaints involving the patron's behavior while intoxicated.

   - Whether the establishment followed established alcohol service protocols and intervened appropriately when necessary.

Potential Damages Awarded

If an establishment is found liable for dram shop liability, they may be required to compensate the victim for damages such as:

   - Medical expenses related to injuries sustained in the incident.

   - Lost wages or income due to temporary or permanent disability.

   - Pain and suffering experienced as a result of the accident or injury.

   - Property damage caused by the intoxicated patron's actions.

Defenses Against Liability

Establishments accused of dram shop liability may assert certain defenses to mitigate or avoid liability, such as:

   - Lack of evidence that the patron was visibly intoxicated at the time of service.

   - Compliance with alcohol service training programs and protocols.

   - Lack of proximate causation between the establishment's alcohol service and the accident or injury.

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Good evening, gentlemen! Just wanted to pop in and give a big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way — and trust me, that’s a high compliment coming from me. In a world full of soft millennials, this guy is built different. John Eads & Gasper tag-teamed those negotiations like champs, especially with a mediator and attorney who were… let’s just say “extra spicy” with a side of confusion. Either way, I wanted to send some love and let you know I’ll be sending clients your way for the foreseeable future.

Erick Monzo
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Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌

Jessica Kelly
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I’ve been working with attorney Michael Jones for the past two years and I can honestly say I couldn’t have asked for a more dedicated or determined attorney. He has never given up on my case and continues to fight hard to make sure justice is served. He truly cares about his clients and it shows in everything he does. I’m so grateful for his commitment, integrity, and perseverance. I highly recommend him to anyone who needs a lawyer who will stand by you every step of the way.

Tamara Murphy
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Michael Jones and his team have been nothing but kind courteous and very knowledgeable on any question that I have had this far. They always answer my questions and walk me through this process. I would recommend Marko law and Michael and his assistant Dae to anyone who needs a outstanding law firm

Aaron Thomas
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★★★★★

From intake through the entire process to date, Michael Jones and his team have been doing an excellent job representing me, and are a credit to their law firm, Jon Marco Law! The interactions and timely responses to my questions and requests have given me true faith in their ability to represent me during my case. I truly feel I could not be better represented anywhere else. Thank you Jon Marko law and Thank you Michael and Dae for all you are doing. 03/2026

Ken
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Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!

Danielle Burkes
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I just wanted to offer some positive feedback regarding the receptionist who answers the phone. In my interactions with Melody, I found her to be very polite, cheerful and empathetic. She went above and beyond to assist me in navigating your corporate structure to ensure that I could talk directly to the person who could best help me. Due to her assistance, my issue was successfully resolved.

Geri Wilson
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In my opinion, if injured in an auto accident, this is "The Best Ever Law Firm!" Marko Law is excellent! My case was handled very well! I appreciate the time Alex Kay spent with me to ensure I received the maximum payout for my case! His assistant/Paralegal Tracey was also great in handling everything Alex needed to close my case etc. Alex Kay is an awesome attorney and family man! I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted Law Firm! They are the real deal if you need a maximum payout from your case! Special thanks to Jon Marko, Alex Kay, and Tracey! Kudos to everyone on the Marko Law Team!

Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
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★★★★★

Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case thus far, and his expertise has made a stressful situation feel much less daunting. I've never dealt with a lawsuit before and he's been nothing but attentive and informative throughout the process. I'm thankful for the opportunity to work with him and hopefully things will continue to go smoothly with my suit.

Tiffany
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Ariel Kellersohn is the best in business. If you want a lawyer who dedicates herself to your case, you have found the right place. Ariel goes above and beyond all expectations I had. Not only does she uphold herself to the highest standards of professionalism, she is also very personable and easy to talk to and makes you feel confident in your legal team. 10/10 if I could leave more than 5 stars I would!

Trinity Delaney
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★★★★★

Having Marko law handle my case was the best decision I made. Alex Kay was excellent he understood what I have been through and fought for me every step of the way. Alex dedication, hard work, and experience guided my case to a successful settlement. I can’t thank Marko Law enough for what they done for me. I would recommend them for any legal support you need.

Joe Hinkle
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★★★★★

Reno Arabo. What a fantastic experience I had working with the firm. You were extremely helpful. You made me feel like you cared about me and not about making money. The communication was amazing was amazing. You kept me informed and updated on all aspects of my case. You asked me questions and listened to what I thought instead of telling me what to do. I would 100% recommend you and your fund. 06/2026

M. Solomon
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They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.

Hothman Misane
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Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!

Mike Hathaway
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Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again! 1/18/2022

Monique T.
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I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.

Olivia H.
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The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm! 4/02/2017

Ruvayn R.
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Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team! 1/19/2022

Lauren G.
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Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients. 5/12/2016

Hamid S.
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The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.

Dawn R.
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He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:) 5/27/2020

Holly L.
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★★★★★

I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars! 8/12/2020

Marissa W.
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Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice. 5/12/2016

Joe S.
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John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.

Camilla Barnes
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Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!

Andy R.
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Marko Law exemplifies professionalism and diligence even when taking on the most laborious cases. Their impressive performance is reassuring when handling such significant and critical issues. You truly feel protected and secure when handing Marko law your vulnerability. They will always fight to protect your rights. 5/12/2021

Allie S.
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★★★★★

Good evening, gentlemen! Just wanted to pop in and give a big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way — and trust me, that’s a high compliment coming from me. In a world full of soft millennials, this guy is built different. John Eads & Gasper tag-teamed those negotiations like champs, especially with a mediator and attorney who were… let’s just say “extra spicy” with a side of confusion. Either way, I wanted to send some love and let you know I’ll be sending clients your way for the foreseeable future.

Erick Monzo
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★★★★★

Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌

Jessica Kelly
Quote icon
★★★★★

I’ve been working with attorney Michael Jones for the past two years and I can honestly say I couldn’t have asked for a more dedicated or determined attorney. He has never given up on my case and continues to fight hard to make sure justice is served. He truly cares about his clients and it shows in everything he does. I’m so grateful for his commitment, integrity, and perseverance. I highly recommend him to anyone who needs a lawyer who will stand by you every step of the way.

Tamara Murphy
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★★★★★

Michael Jones and his team have been nothing but kind courteous and very knowledgeable on any question that I have had this far. They always answer my questions and walk me through this process. I would recommend Marko law and Michael and his assistant Dae to anyone who needs a outstanding law firm

Aaron Thomas
Quote icon
★★★★★

From intake through the entire process to date, Michael Jones and his team have been doing an excellent job representing me, and are a credit to their law firm, Jon Marco Law! The interactions and timely responses to my questions and requests have given me true faith in their ability to represent me during my case. I truly feel I could not be better represented anywhere else. Thank you Jon Marko law and Thank you Michael and Dae for all you are doing. 03/2026

Ken
Quote icon
★★★★★

Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!

Danielle Burkes
Quote icon
★★★★★

I just wanted to offer some positive feedback regarding the receptionist who answers the phone. In my interactions with Melody, I found her to be very polite, cheerful and empathetic. She went above and beyond to assist me in navigating your corporate structure to ensure that I could talk directly to the person who could best help me. Due to her assistance, my issue was successfully resolved.

Geri Wilson
Quote icon
★★★★★

In my opinion, if injured in an auto accident, this is "The Best Ever Law Firm!" Marko Law is excellent! My case was handled very well! I appreciate the time Alex Kay spent with me to ensure I received the maximum payout for my case! His assistant/Paralegal Tracey was also great in handling everything Alex needed to close my case etc. Alex Kay is an awesome attorney and family man! I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted Law Firm! They are the real deal if you need a maximum payout from your case! Special thanks to Jon Marko, Alex Kay, and Tracey! Kudos to everyone on the Marko Law Team!

Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
Quote icon
★★★★★

Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case thus far, and his expertise has made a stressful situation feel much less daunting. I've never dealt with a lawsuit before and he's been nothing but attentive and informative throughout the process. I'm thankful for the opportunity to work with him and hopefully things will continue to go smoothly with my suit.

Tiffany
Quote icon
★★★★★

Ariel Kellersohn is the best in business. If you want a lawyer who dedicates herself to your case, you have found the right place. Ariel goes above and beyond all expectations I had. Not only does she uphold herself to the highest standards of professionalism, she is also very personable and easy to talk to and makes you feel confident in your legal team. 10/10 if I could leave more than 5 stars I would!

Trinity Delaney
Quote icon
★★★★★

Having Marko law handle my case was the best decision I made. Alex Kay was excellent he understood what I have been through and fought for me every step of the way. Alex dedication, hard work, and experience guided my case to a successful settlement. I can’t thank Marko Law enough for what they done for me. I would recommend them for any legal support you need.

Joe Hinkle
Quote icon
★★★★★

Reno Arabo. What a fantastic experience I had working with the firm. You were extremely helpful. You made me feel like you cared about me and not about making money. The communication was amazing was amazing. You kept me informed and updated on all aspects of my case. You asked me questions and listened to what I thought instead of telling me what to do. I would 100% recommend you and your fund. 06/2026

M. Solomon
Quote icon
★★★★★

They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.

Hothman Misane
Quote icon
★★★★★

Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!

Mike Hathaway
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★★★★★

Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again! 1/18/2022

Monique T.
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★★★★★

I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.

Olivia H.
Quote icon
★★★★★

The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm! 4/02/2017

Ruvayn R.
Quote icon
★★★★★

Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team! 1/19/2022

Lauren G.
Quote icon
★★★★★

Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients. 5/12/2016

Hamid S.
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★★★★★

The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.

Dawn R.
Quote icon
★★★★★

He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:) 5/27/2020

Holly L.
Quote icon
★★★★★

I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars! 8/12/2020

Marissa W.
Quote icon
★★★★★

Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice. 5/12/2016

Joe S.
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★★★★★

John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.

Camilla Barnes
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★★★★★

Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!

Andy R.
Quote icon
★★★★★

Marko Law exemplifies professionalism and diligence even when taking on the most laborious cases. Their impressive performance is reassuring when handling such significant and critical issues. You truly feel protected and secure when handing Marko law your vulnerability. They will always fight to protect your rights. 5/12/2021

Allie S.

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