As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 58  5            

      1997-1998                                                    6            


SENATORS LATTA-BLESSING-NEIN-B. JOHNSON-ESPY-GARDNER-GAETH-DRAKE-  8            

  REPRESENTATIVES WOMER BENJAMIN-CALLENDER-MASON-GARCIA-SUTTON-    9            

 THOMPSON-LEWIS-JONES-FORD-SALERNO-WESTON-TAVARES-MOTTLEY-PATTON   10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 4705.01, 4705.07, and 4705.99 of    14           

                the Revised Code to increase the criminal          15           

                penalties for engaging in the  unauthorized        16           

                practice of law and to repeal the prohibition      17           

                against a deputy sheriff engaging in the practice  18           

                of  law.                                           19           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 4705.01, 4705.07, and 4705.99 of   23           

the Revised Code be amended to read as follows:                    24           

      Sec. 4705.01.  No person shall be permitted to practice as   33           

an attorney and counselor at law, or to commence, conduct, or      34           

defend any action or proceeding in which he THE PERSON is not a    35           

party concerned, either by using or subscribing his THE PERSON'S   37           

own name, or the name of another person, unless he THE PERSON has  39           

been admitted to the bar by order of the supreme court in          41           

compliance with its prescribed and published rules.  Except as     42           

provided in section 4705.09 of the Revised Code or in rules        43           

adopted by the supreme court, admission to the bar shall entitle   44           

such THE person to practice before any court or administrative     46           

tribunal without further qualification or license.                 47           

      No sheriff, deputy sheriff, or coroner shall practice as an  49           

attorney at law in any court of this state, and no clerk of the    50           

supreme court or court of common pleas, or the deputy of either,   51           

shall practice in the particular court of which he THAT PERSON is  53           

                                                          2      

                                                                 
clerk or deputy.                                                   54           

      No judge of any court of record in this state shall engage   56           

in the practice of law during his THE JUDGE'S term of office,      57           

either by appearing in court, by acting as advisory or consulting  59           

counsel for attorneys or others, by accepting employment or        60           

acting as an attorney, solicitor, collector, or legal advisor for  61           

any bank, corporation, or loan or trust company, or by otherwise   62           

engaging in the practice of law in this state, in or out of the    63           

courts, except as provided in section 1901.11 of the Revised       64           

Code.                                                                           

      A judge may complete any business undertaken by him THE      66           

JUDGE in the United States district court, the United States       68           

circuit court of appeals, or the supreme court of the United       69           

States prior to his THE JUDGE'S election as judge.                 70           

      Sec. 4705.07.  (A)  No person who is not regularly licensed  79           

to practice law in this state shall hold himself DO EITHER OF THE  81           

FOLLOWING:                                                                      

      (1)  HOLD THAT PERSON out in any manner as an attorney at    83           

law, or shall represent himself either;                            85           

      (2)  REPRESENT THAT PERSON orally or in writing, directly    87           

or indirectly, as BEING authorized to practice law.                88           

      (B)  The use of "lawyer," "attorney at law," "counselor at   90           

law," "law," "law office," or other equivalent words by any        92           

person WHO IS not licensed to practice law, in connection with     94           

his THAT PERSON'S own name, or any sign, advertisement, card,      95           

letterhead, circular, or other writing, document, or design, the   96           

evident purpose of which is to induce others to believe such THAT  97           

person to be an attorney, constitutes holding out within the       99           

meaning of DIVISION (A) OF this section.                           100          

      Sec. 4705.99.   Whoever violates section 4705.07 of the      109          

Revised Code shall be fined not less than twenty-five nor more     110          

than five hundred dollars IS GUILTY OF A MISDEMEANOR OF THE FIRST  111          

DEGREE.                                                                         

      Section 2.  That existing sections 4705.01, 4705.07, and     113          

                                                          3      

                                                                 
4705.99 of the Revised Code are hereby repealed.                   114