Disciplinary Counsel v. Henderson Carter

Summary

The Supreme Court of Ohio held that Pippa Lynn Henderson Carter, a former attorney who had been permanently disbarred, engaged in five acts of the unauthorized practice of law. The acts involved holding herself out as an attorney in a probate matter, preparing two quitclaim deeds, and notarizing the deeds as an attorney. The court enjoined her from further unauthorized practice and notarial acts absent proper appointment and commissioning, and imposed a $30,000 civil penalty.

Holdings

1. Henderson Carter engaged in the unauthorized practice of law by implicitly holding herself out as an attorney representing John C. Patterson Jr. in the estate of Inez Patterson.
2. Henderson Carter engaged in two acts of unauthorized practice of law by preparing two quitclaim deeds on behalf of another.
3. Henderson Carter committed two additional acts of unauthorized practice of law by notarizing the deeds as an attorney when she was a former attorney who had been disbarred.
4. Injunctions prohibiting Henderson Carter from additional acts of unauthorized practice of law and from performing notarial acts unless properly appointed and commissioned were warranted.
5. A total civil penalty of $30,000, consisting of $6,000 for each of five acts of unauthorized practice, was warranted.

Questions Presented

1. Whether Henderson Carter engaged in the unauthorized practice of law by implicitly holding herself out as an attorney representing an interested person in a probate matter.
2. Whether preparing two quitclaim deeds for another constituted unauthorized practice of law.
3. Whether notarizing the deeds as an attorney while disbarred constituted separate acts of unauthorized practice of law.
4. Whether injunctions and a civil penalty were warranted, and what amount of civil penalty was appropriate.

Disposition

other