Geauga County Bar Ass'n v. Haig

Geauga Cty. Bar Ass'n v. Haig, 129 Ohio St. 3d 601, 2011-Ohio-4271 (Ohio 2011) · Supreme Court of Ohio · September 1, 2011 · No. 2011-0564

Summary

The Supreme Court of Ohio held that Richard Haig, a nonattorney loan officer, engaged in the unauthorized practice of law by preparing answers, requests for additional time, and other legal documents filed by customers in foreclosure cases. The court enjoined Haig from future unauthorized practice, declined to impose a civil penalty, and taxed costs to him.

Holdings

  1. A person who is not admitted to practice law or certified for limited practice engages in the unauthorized practice of law by preparing legal documents for others to file in court. Haig therefore engaged in the unauthorized practice of law.
  2. An injunction prohibiting Haig from future conduct constituting the unauthorized practice of law, including preparation of legal documents for others, was appropriate.
  3. No civil penalty should be imposed under the circumstances.

Questions Presented

  1. Whether a nonlawyer's preparation of answers and other legal documents for customers to file in court constitutes the unauthorized practice of law.
  2. Whether injunctive relief should issue and whether a civil penalty should be imposed.

Disposition

other

Cases Cited (3)

  • Greenspan v. Third Fed. S. & L. Assn., 122 Ohio St. 3d 455, 2009-Ohio-3508, 912 N.E.2d 567, ¶ 16(followed)
  • Lorain Cty. Bar Assn. v. Kocak, 121 Ohio St. 3d 396, 2009-Ohio-1430, 904 N.E.2d 885, ¶ 16(followed)
  • Miami Cty. Bar Assn. v. Wyandt & Silvers, Inc., 107 Ohio St. 3d 259, 2005-Ohio-6430, 838 N.E.2d 655, ¶ 11(followed)

Cited In (0)

No citing cases on record yet.

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