Cleveland Metropolitan Bar Ass'n v. McGinnis, 998 N.E.2d 474

Relator Cleveland Metropolitan Bar Association charged Forrestine E. McGinnis (not licensed in Ohio) with unauthorized practice of law for preparing two court pleadings (an answer and a notice of appeal) and distributing a flyer advertising "Forrestine’s Law, Inc.".
McGinnis initially communicated and met with relator but failed to answer the complaint, missed a deposition, and did not participate in board proceedings; some communications contained incoherent/astrological language.
The Board on the Unauthorized Practice of Law, based on affidavits and default, found McGinnis prepared pleadings for grievant Stephen Johnson, accepted $40 for transportation/parking, and distributed/postered a flyer.
The board recommended an injunction and a $20,000 civil penalty ($5,000 per pleading; $10,000 for the flyer). No objections were filed to the board’s report.
The Supreme Court agreed McGinnis engaged in unauthorized practice and enjoined further practice, but reduced the civil penalty to $6,000 ($1,000 per pleading; $4,000 for the flyer). Costs taxed to McGinnis.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether McGinnis engaged in the unauthorized practice of law	McGinnis drafted and filed pleadings and held herself out via flyer; this constitutes UPL	McGinnis largely did not contest via formal response; earlier communications denied state licensing authority and were incoherent	Held: Yes — preparation of pleadings and advertising as "law" constitute UPL under Gov.Bar R. VII and R.C. 4705.07(B)
Whether injunction should issue	Injunction needed to stop further illegal practice	No meaningful defense presented; initial cooperation then nonparticipation	Held: Yes — injunction prohibiting preparation of legal documents and holding out as attorney granted
Appropriate civil-penalty amount	Board recommended $20,000 based on per-act recommendations (and flyer)	McGinnis offered no substantial mitigation in record; initial admissions but also denial that law can be licensed	Held: Reduced to $6,000 total: $1,000 per pleading and $4,000 for flyer (board recommendation too high given limited acts, limited harm, small payment)
Proper weighing of Gov.Bar R. VII(8)(B) factors	Aggravating: multiple acts, held out publicly; Board emphasized flagrancy and potential other clients	Mitigating: only limited acts, small payment ($40), admission in correspondence, lack of proof of wider harm	Held: Court considered cooperation, number of violations, flagrancy/harm, and other factors; concluded limited scope and harm justify lower penalty consistent with precedent

Cleveland Bar Assn. v. Pearlman, 106 Ohio St.3d 136 (recognizes UPL definition and scope)
Lorain Cty. Bar Assn. v. Kocak, 121 Ohio St.3d 396 (reducing recommended maximum penalty where acts were limited and nonrecurring)
Geauga Cty. Bar Assn. v. Haig, 129 Ohio St.3d 601 (no penalty where conduct caused no harm and respondent admitted error)
Disciplinary Counsel v. Pratt, 127 Ohio St.3d 293 (imposition of maximum penalties for repeated, egregious UPL and fee-taking)
Ohio State Bar Assn. v. Dalton, 124 Ohio St.3d 514 (maximum penalties for deed preparation and forgery)
Cleveland Metro. Bar Assn. v. Boyd, 121 Ohio St.3d 36 (maximum penalties where multiple filings, fees taken, failure to participate, and repeat offenses)
Ohio State Bar Assn. v. Heath, 123 Ohio St.3d 483 (reduced penalty where acts were to help a friend, no fee, and cessation of conduct)
Disciplinary Counsel v. Kafele, 108 Ohio St.3d 283 (reduced penalty for limited, nonprofitable acts and little harm)