Summary
The Supreme Court of Ohio held that Anthony C. Kocak engaged in the unauthorized practice of law by preparing and filing legal papers and attempting to appear in court on behalf of another person under a power of attorney. The court enjoined him from further unauthorized practice and imposed $10,000 in civil penalties, with half of each penalty suspended subject to compliance.
Holdings
- An unlicensed person engages in the unauthorized practice of law by preparing and filing pleadings and other legal documents in Ohio courts on behalf of another person. A general power of attorney does not authorize that conduct.
- An injunction prohibiting respondent from preparing legal documents for others and from engaging in other acts constituting the practice of law was warranted, and civil penalties were appropriate.
Questions Presented
- Whether an unlicensed person who prepares and files pleadings and other legal documents in court on behalf of another person, relying on a general power of attorney, engages in the unauthorized practice of law.
- Whether an injunction and civil penalties were warranted for respondent's unauthorized practice of law.
- What amount of civil penalties should be imposed under the applicable governing rules.
Disposition
other
Cases Cited (6)
- Union Sav. Assn. v. Home Owners Aid, Inc., 23 Ohio St. 2d 60, 64, 262 N.E.2d 558 (1970)(followed)
- Cleveland Bar Assn. v. CompManagement, Inc., 104 Ohio St. 3d 168, 2004-Ohio-6506, 818 N.E.2d 1181, ¶ 40(followed)
- Akron Bar Assn. v. Greene, 77 Ohio St. 3d 279, 280, 673 N.E.2d 1307 (1997)(followed)
- Land Title Abstract & Trust Co. v. Dworken, 129 Ohio St. 23, 193 N.E. 650 (1934)(followed)
- Ohio State Bar Assn. v. Jackim, 121 Ohio St. 3d 33, 2009-Ohio-309, 901 N.E.2d 792, ¶¶ 5-7(followed)
- Disciplinary Counsel v. Coleman, 88 Ohio St. 3d 155, 724 N.E.2d 402 (2000)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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