Ohio State Bar Assn. v. Cleminshaw

Summary

The Supreme Court of Ohio approved a consent decree concerning John D. Cleminshaw’s unauthorized practice of law while questioning a witness at a Wayne County Board of Revision hearing. The court enjoined him from examining witnesses or otherwise participating in such hearings in a manner constituting the unauthorized practice of law, while permitting him to attend as a consultant and advise board panel members. No civil penalty or costs were imposed.

Holdings

1. The court approved the proposed consent decree and enjoined Cleminshaw from examining witnesses or otherwise participating in a county board of revision hearing through conduct constituting the unauthorized practice of law.
2. An individual who is not authorized to practice law may not examine witnesses or otherwise participate in a county board of revision hearing through conduct constituting the practice of law.

Questions Presented

1. Whether the Supreme Court of Ohio should approve the proposed consent decree concerning Cleminshaw's unauthorized practice of law.
2. Whether Cleminshaw's questioning of a witness during a county board of revision hearing constituted the unauthorized practice of law and should be enjoined.

Disposition

approved