Regulatory Controls Over Attorneys and Unauthorized Practice Flashcards
Ohio Admission Requirements
Must be at least 21 years old Must have a bachelor's degree Must have a JD or LLB Must pass the bar exam and MPRE (Or be admitted from another state by practicing for at least 5 out of the last 10 years)
Disciplinary Process: General Substantive Standards
A lawyer may not:
i. Violate or attempt to violate Ohio’s Rules of Professional Conduct.
ii. Commit an illegal act that reflects negatively on the lawyer’s honesty, trustworthiness, or fitness as a lawyer.
iii. Engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
iv. Engage in conduct prejudicial to the administration of justice.
v. State or imply an ability to improperly influence a government official or to achieve results by means that violate the Rules.
vi. Knowingly assist a judge or judicial officer in conduct that violates the Ohio Rules, judge’s rules or other laws
vii. Engage in professional conduct involving discrimination due to race, color, religion, age, gender, sexual orientation, marital status, national origin, or disability.
viii. Engage in any other conduct that adversely reflects on the lawyer’s fitness to practice law.
3 Types of Discipline
Disbarment
Suspension
Public Reprimand
Disciplinary Procedure
Complaint is filed with the Disciplinary Counsel or a certified grievance committee.
There is then a formal hearing before the Board of Commissioners on Grievances and Discipline.
Unauthorized Practice of Law: General Rule
A lawyer is prohibited in practicing law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction, or assisting another person in doing so
Exceptions to Unauthorized Practice of Law
Where professional judgment of a lawyer is not involved, nonlawyers are authorized to engage in occupations even if they require a special knowledge of law in certain areas
Ex. real estate brokers, tax advisors, estate planners, collection agencies
Multi-Jurisdictional Practice: General Rule
A lawyer who is not licensed in Ohio must not:
1) open a law office in Ohio
2) represent that she is admitted to practice in Ohio
3) establish a systematic and continuous presence in Ohio without becoming licensed there
Permissible Types of Temporary Multi-Jurisdictional Practice
i. Associate with an active local lawyer,
ii. Special permission called pro hac vice,
iii. Clients involved in multi-state businesses,
iv. Anything Reasonably Related to Lawyer’s Home- State Practice
Permissible Types of Permanent Multi-Jurisdiction Practice
1) Lawyer is serving as registered corporate counsel
2) Where the law authorized the practice of a restricted branch of law in a state in which the lawyer is not otherwise admitted to practice
Lawyers Aiding Lay Practitioners
A lawyer may not practice law in association with, or otherwise share fees with, a lay person
Law Firms and Nonlawyers
Law firms may not be set up in a way that a nonlawyer owns an interest therein or can direct a lawyer’s professional judgment
Nonlawyer Employees
Laypeople may assist lawyers by preparing legal papers and managing cases, but they must be supervised by a lawyer
Ancillary Services: General Rule
Lawyers are permitted to provide law-related services under a separate entity controlled at least partly by a lawyer, but must adhere to the RPC
Reporting Professional Misconduct
A lawyer having knowledge that another lawyer has committed a violation of the RPC that raises the question as to that lawyer’s honesty or fitness as a lawyer must inform the appropriate professional authority
