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To amend sections 4705.07 and 4705.99 of the Revised | 1 |
Code to specifically prohibit a person not | 2 |
licensed to practice law in Ohio from performing | 3 |
any act prohibited by the Supreme Court as the | 4 |
unauthorized practice of law and to provide for | 5 |
the recovery of damages for a violation of the | 6 |
prohibition. | 7 |
Section 1. That sections 4705.07 and 4705.99 of the Revised | 8 |
Code be amended to read as follows: | 9 |
Sec. 4705.07. (A) No person who is not licensed to practice | 10 |
law in this
state shall do | 11 |
(1) Hold that person out in any manner as an attorney at law; | 12 |
(2) Represent that person orally or in writing, directly or | 13 |
indirectly, as being authorized to practice law; | 14 |
(3) Commit any act that is prohibited by the supreme court as | 15 |
being the unauthorized practice of law. | 16 |
(B)(1) The use of "lawyer," "attorney at law," "counselor at | 17 |
law," "law," "law office," or other equivalent words by any person | 18 |
who is not licensed to practice law, in connection with that | 19 |
person's own name, or any sign, advertisement, card, letterhead, | 20 |
circular, or other writing, document, or design, the evident | 21 |
purpose of which is to induce others to believe that person to be | 22 |
an attorney, constitutes holding out within the meaning of | 23 |
division (A)(1) of this section. | 24 |
(2) Only the supreme court may make a determination that any | 25 |
person has committed the unauthorized practice of law in violation | 26 |
of division (A)(3) of this section. | 27 |
(C)(1) If necessary to serve the public interest and | 28 |
consistent with the rules of the supreme court, any person who is | 29 |
authorized to bring a claim before the supreme court that alleges | 30 |
the unauthorized practice of law in violation of division (A)(3) | 31 |
of this section may make a motion to the supreme court to seek | 32 |
interim relief prior to the final resolution of the person's | 33 |
claim. | 34 |
(2) Any person who is damaged by another person who commits a | 35 |
violation of division (A)(3) of this section may commence a civil | 36 |
action to recover actual damages from the person who commits the | 37 |
violation, upon a finding by the supreme court that the other | 38 |
person has committed an act that is prohibited by the supreme | 39 |
court as being the unauthorized practice of law in violation of | 40 |
that division. The court in which that action for damages is | 41 |
commenced is bound by the determination of the supreme court | 42 |
regarding the unauthorized practice of law and shall not make any | 43 |
additional determinations regarding the unauthorized practice of | 44 |
law. The court in which the action for damages is commenced shall | 45 |
consider all of the following in awarding damages to a person | 46 |
under division (C)(2) of this section: | 47 |
(a) The extent to which the fee paid for the services that | 48 |
constitute the unauthorized practice of law in violation of | 49 |
division (A)(3) of this section exceeds the reasonable fees | 50 |
charged by licensed attorneys in the area in which the violation | 51 |
occurred; | 52 |
(b) The costs incurred in paying for legal advice to correct | 53 |
any inadequacies in the services that constitute the unauthorized | 54 |
practice of law in violation of division (A)(3) of this section; | 55 |
(c) Any other damages proximately caused by the failure of | 56 |
the person performing the services that constitute the | 57 |
unauthorized practice of law to have the license to practice law | 58 |
in this state that is required to perform the services; | 59 |
(d) Any reasonable attorney's fees that are incurred in | 60 |
bringing the civil action under division (C)(1) or (2) of this | 61 |
section. | 62 |
Sec. 4705.99. Whoever violates division (A)(1) or (2) of | 63 |
section 4705.07 of the Revised Code is guilty of a misdemeanor of | 64 |
the first degree. | 65 |
Section 2. That existing sections 4705.07 and 4705.99 of the | 66 |
Revised Code are hereby repealed. | 67 |