Ohio UPL Statute Summary

Ohio Revised Codes §4705.07. Unauthorized practice.

(A) No person who is not licensed to practice law in this state shall do any of the following:

  1. Hold that person out in any manner as an attorney at law;
  2. Represent that person orally or in writing, directly or indirectly, as being authorized to practice law.
  3. Commit any act that is prohibited by the supreme court as being the unauthorized practice of law.

(B)

  1. The use of "lawyer," "attorney at law," "counselor at law," "law," "law office," or other equivalent words by any person who is not licensed to practice law, in connection with that person's own name, or any sign, advertisement, card, letterhead, circular, or other writing, document, or design, the evident purpose of which is to induce others to believe that person to be an attorney, constitutes holding out within the meaning of division (A)(1) of this section.
     
  2. Only the supreme court may make a determination that any person has committed the unauthorized practice of law in violation of division (A)(3) of this section.

(C) 

  1. If necessary to serve the public interest and consistent with the rules of the supreme court, any person who is authorized to bring a claim before the supreme court that alleges the unauthorized practice of law in violation of division (A)(3) of this section may make a motion to the supreme court to seek interim relief prior to the final resolution of the person's claim.
     
  2. Any person who is damaged by another person who commits a violation of division (A)(3) of this section may commence a civil action to recover actual damages from the person who commits the violation, upon a finding by the supreme court that the other person has committed an act that is prohibited by the supreme court as being the unauthorized practice of law in violation of that division. The court in which that action for damages is commenced is bound by the determination of the supreme court regarding the unauthorized practice of law and shall not make any additional determinations regarding the unauthorized practice of law. The court in which the action for damages is commenced shall consider all of the following in awarding damages to a person under division (C)(2) of this section:
     
    1. The extent to which the fee paid for the services that constitute the unauthorized practice of law in violation of division (A)(3) of this section exceeds the reasonable fees charged by licensed attorneys in the area in which the violation occurred;
       
    2. The costs incurred in paying for legal advice to correct any inadequacies in the services that constitute the unauthorized practice of law in violation of division (A)(3) of this section;
       
    3. Any other damages proximately caused by the failure of the person performing the services that constitute the unauthorized practice of law to have the license to practice law in this state that is required to perform the services;
       
    4. Any reasonable attorney's fees that are incurred in bringing the civil action under division (C)(1) or (2) of this section.
       
  3. Divisions (C)(1) and (2) of this section apply, and may be utilized, only regarding acts that are the unauthorized practice of law in violation of division (A)(3) of this section and that occur on or after the effective date of this amendment.

Whoever violates division (A)(1) or (2) of section 4705.07 of the Revised Code is guilty of a misdemeanor of the first degree. OH ST § 4705.99. A misdemeanor of the first degree holds a maximum penalty of 180 days in jail (OH ST § 2929.24) and a fine totaling no more than one thousand dollars (OH ST § 2929.28).

Enforcement Mechanisms/Complaint Processes for UPIL

Victims may file a complaint with the Ohio Attorney General’s office under the Consumer Sales Practices Act, which may be accessed here. One may file the complaint online here. You can also access this information in Spanish here.

Ohio does provide for a Victim’s Compensation Fund, but only to victims of violent crimes. In addition, the Supreme Court of Ohio has established a Clients’ Security Fund to provide assistance to clients who have been financially harmed by the dishonest conduct of a licensed Ohio attorney. Unfortunately, this would not cover claims for damages resulting from UPL because the harm would not be the result of conduct of a licensed Ohio attorney.

A complaint can be initiated either by contacting the Office of Disciplinary Counsel or their local bar association’s unauthorized practice of law committee. Once the complaint has been filed, they will conduct an investigation of the matter. If they determine there is probable cause to warrant a hearing, they will file a formal complaint with the Board on the Unauthorized Practice of Law.

Next, the alleged offender will then be given an opportunity to answer the complaint. Typically, the Board will schedule and hold a hearing on the matter. However, the parties may file a stipulation of facts and waive the hearing. After the hearing or review of the stipulation of facts, the Board may dismiss the matter; refer the matter back to the relator (i.e., Disciplinary Counsel or the local bar association's unauthorized practice of law committee); or, if it finds by a preponderance of the evidence that the respondent engaged in the unauthorized practice of law, file a report with the Supreme Court. The report will include the Board's findings, recommendations, transcript of testimony, if any, and an itemized statement of costs.

The respondent and relator may file objections to the Board's report. If objections are filed, oral argument is scheduled before the Supreme Court. After a hearing on objections, or if objections are not filed within the prescribed time, the Supreme Court shall enter an order it finds proper. If the Court finds that respondent's conduct constituted the unauthorized practice of law, the Court may prohibit respondent from engaging in the unauthorized practice of law in the future and order respondent to make reimbursement of the costs and expenses incurred by the Board and relator.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in Ohio, you may file a grievance to the Supreme Court of Ohio using this page, which has links to the form in English, Spanish, Russian, Somali, French, Arabic, and Chinese.

Difficulties in Complaint Process/Actual Suppression of UPL

Our conversations with other attorneys in Ohio have not revealed a definitive response to this question.

Contact Information for Relevant Agencies

Ohio Attorney General:

30 E. Broad St., 14th Floor
Columbus, OH 43215
Tel: (614) 466-4986
Toll Free: (800) 282-0515

Ohio Secretary of State’s Notary Commission:

Mailing Address
Ohio Secretary of State
22 North Fourth St.
Columbus, OH 43215
Tel: (614) 644-4559
Email: notary@ohiosos.gov

Ohio State Bar Association:

1700 Lake Shore Drive
Columbus, OH 43204
Tel: (800) 282-6556
Tel: (614) 457-8585
Email: osba@ohiobar.org

The Office of Disciplinary Counsel:

Office of Disciplinary Counsel
Supreme Court of Ohio
250 Civic Center Drive, Ste. 325
Columbus, Ohio 43215-7411

 

Becoming a Notary Public

In Ohio, all new notary commissions required to complete a 3 hour education class and apply with the Ohio Secretary of State’s office. Non-attorney applicants must also take a test and submit a BCI report. How do I find information on becoming a notary?”.

File an online application.

One can search for licensed notaries on the Secretary of State website located here.