Summary
The Ohio Supreme Court held that John Dale Allen engaged in the unauthorized practice of law by preparing legal documents and providing legal advice without being admitted to practice in Ohio. The court enjoined him from further unauthorized practice and imposed a $40,000 civil penalty.
Topics
Practice areas
Questions Presented
- Whether Allen's preparation of legal documents for others and counseling them concerning their legal rights constituted the unauthorized practice of law.
- Whether Allen should be enjoined from engaging in the unauthorized practice of law.
- Whether a $40,000 civil penalty should be imposed for his unauthorized-practice violations.
Holdings
- An unlicensed person's preparation of legal documents on behalf of others and counseling those persons concerning their legal rights constitute the unauthorized practice of law.
- The court may enjoin a person from preparing legal documents, providing legal counsel, and engaging in other acts constituting the unauthorized practice of law, and may impose a civil penalty for the violations.
Key quotations
“The unauthorized practice of law is the rendering of legal services for another by any person not admitted to practice in Ohio * * *.” (181)
“With limited exceptions not at issue here, “the practice of law is not limited to appearances in court, but also includes giving legal advice and counsel and the preparation of legal instruments and contracts by which legal rights are preserved.”” (181)
“Respondent’s unlicensed preparation of legal documents on behalf of others and counseling as to their legal rights constitute the unauthorized practice of law.” (181)
Factual background
John Dale Allen was not admitted to practice law in Ohio but prepared legal pleadings and other legal documents for customers and provided legal advice concerning those documents and related court proceedings. Evidence showed that he prepared divorce complaints and accompanying documents, prepared at least one trust document, and accepted fees for at least some of the services. Allen refused to answer interrogatories, failed to appear for a deposition despite multiple subpoenas, and did not attend the hearing.
Procedural history
The Ohio State Bar Association filed a second amended complaint alleging that John Dale Allen, doing business as Freedom Trust, engaged in the unauthorized practice of law. After Allen failed to cooperate with discovery, failed to appear for a deposition, and failed to attend the hearing, the Board on the Unauthorized Practice of Law dismissed his counterclaims, found that he had practiced law without authorization, and recommended an injunction and a $40,000 civil penalty. The Supreme Court of Ohio adopted the board's findings, conclusions, and recommendations.