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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Sub. S. B. No. 58 |
SENATORS LATTA-BLESSING-NEIN-B. JOHNSON-ESPY-GARDNER-GAETH-DRAKE-
REPRESENTATIVES WOMER BENJAMIN-CALLENDER-MASON-GARCIA-SUTTON-
THOMPSON-LEWIS-JONES-FORD-SALERNO-WESTON-TAVARES-MOTTLEY-PATTON
A BILL
To amend sections 4705.01, 4705.07, and 4705.99 of the Revised Code to
increase the criminal penalties for engaging in the
unauthorized practice of
law and to repeal the prohibition against a deputy sheriff engaging in the
practice of
law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4705.01, 4705.07, and 4705.99 of the Revised Code be
amended to read as follows:
Sec. 4705.01. No person shall be permitted to practice as
an attorney and counselor at law, or to commence, conduct, or
defend any action or proceeding in which he THE PERSON is not a
party
concerned, either by using or subscribing his THE PERSON'S own
name, or the
name of another person, unless he THE PERSON has been admitted
to the bar by
order of the supreme court in compliance with its prescribed and
published rules. Except as provided in section 4705.09 of the
Revised Code or in rules adopted by the supreme court, admission
to the bar shall entitle such THE person to practice before any
court
or administrative tribunal without further qualification or
license.
No sheriff, deputy sheriff, or coroner shall practice as an
attorney at law in any court of this state, and no clerk of the
supreme court or court of common pleas, or the deputy of either,
shall practice in the particular court of which he THAT PERSON
is clerk or
deputy.
No judge of any court of record in this state shall engage
in the practice of law during his THE JUDGE'S term of office,
either by
appearing in court, by acting as advisory or consulting counsel
for attorneys or others, by accepting employment or acting as an
attorney, solicitor, collector, or legal advisor for any bank,
corporation, or loan or trust company, or by otherwise engaging
in the practice of law in this state, in or out of the courts,
except as provided in section 1901.11 of the Revised Code.
A judge may complete any business undertaken by him THE JUDGE in
the
United States district court, the United States circuit court of
appeals, or the supreme court of the United States prior to his THE
JUDGE'S election as judge.
Sec. 4705.07. (A) No person who is not regularly licensed to
practice law in this
state shall hold himself DO EITHER OF THE FOLLOWING:
(1) HOLD THAT PERSON out in any manner as an attorney at law,
or shall
represent himself either;
(2) REPRESENT THAT PERSON orally or in writing, directly or
indirectly, as BEING authorized to practice law.
(B) 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 his 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 such THAT person to be an
attorney, constitutes
holding out within the meaning of DIVISION (A) OF this
section.
Sec. 4705.99. Whoever violates section 4705.07 of the Revised
Code shall be fined not less than twenty-five nor more than five hundred
dollars IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.
Section 2. That existing sections 4705.01, 4705.07, and 4705.99 of the Revised
Code are hereby repealed.
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