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
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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
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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
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4705.99 of the Revised Code are hereby repealed. 114