Unauthorized Practice of Law: Public Protection

Editor's Note: This story is part of a series on the Ohio Supreme Court's boards and commissions.

Anyone can offer an opinion with legal implications, but not everyone is allowed to give legal advice. In order to prevent unlicensed people from practicing law, the Ohio Supreme Court has a group that monitors this behavior.

The Board on the Unauthorized Practice of Law (UPL) was established to handle cases where individuals or companies are accused of giving legal guidance without being licensed to do so.

'The purpose of the board is really about public protection,' said Minerva Elizaga, the Supreme Court's liaison to the UPL board.

Under Rule VII of the Supreme Court Rules for the Government of the Bar of Ohio, examples of the unauthorized practice of law include the drafting of a deed or filing of a complaint by someone who is not an attorney or is a lawyers from out of state who doesn't have an Ohio license.

Other violators include lawyers who were licensed in Ohio but are inactive, suspended, retired, or have resigned from practice.

'Since the UPL board doesn't have investigative or prosecutorial authority, it takes on the role of fact finder and a trial court,' Elizaga said.

Given the complexities of many situations, the Court further defines what is and isn't permitted on a case-by-case basis.

The process typically begins with a consumer complaint that can be referred to either the Supreme Court's Office of Disciplinary Counsel, the Ohio Attorney General's Office, or a local bar association.

After the investigating agency that received the grievance - identified as the relator - confirms the person in question is not admitted to the practice of law in Ohio, it may begin an investigation.

Evidence sought includes the specifics of the services provided by the accused, if and how much money was paid for services, and what led the alleged victim to believe the person was an attorney.

Such deceit includes misleading business cards or websites.

The accused can refute the allegations.

When finished, a formal complaint may be submitted to the UPL board, which consists of 13 members - 11 lawyers and two non-attorneys who serve three-year stints with a cap of two terms

Unless there's a settlement, a three-member panel from the UPL board will hold a hearing where both sides make their arguments.

If the board rules against the accused, the case is filed with the Supreme Court, and the accused can object to the board's findings and recommended penalties. If the accused objects, the Supreme Court will hear oral arguments in the case.

The Court may impose a civil penalty of up to $10,000 per UPL offense, but that money does not go to the victim, who will need to file a case in the local court for money damages.

While attorneys accused of misconduct can be suspended or disbarred, and their victims can receive money from the Lawyers' Fund for Client Protection, the same cannot be said of non-attorneys and their victims in UPL cases.

But the board and the Court review cases to stop the unauthorized practice of law and to offer guidance.

'The board exists so cases can be heard, and to carry out an order or opinion issued by the Court to establish what is and isn't permissible,' Elizaga said.

Service on the Board on the Unauthorized Practice of Law is one of the many ways an attorney can give back to the profession. The Board on the Unauthorized Practice of Law, like other boards and commissions, has a need for volunteers to share in maintaining the integrity of the profession. The justices of the Ohio Supreme Court appoint the members of the board and are always grateful for applications from those willing to serve.

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