Disciplinary Counsel v. Brown, 142 Ohio St. 3d 459

Relator filed a complaint on June 25, 2013, alleging three counts of unauthorized practice of law by Brown in Cuyahoga County.
Brown never responded to the complaint or to the relator’s motion for default; the Board granted default and found unauthorized practice.
Brown had never been admitted to practice law in Ohio and had no authorization to practice there.
In Count 1, Brown filed documents in Schwartz v. Lord and signed as notary and as Schwartz’s attorney-in-fact for a writ that attacked court rulings; she signed as attorney-in-fact for Schwartz in later filings.
In Count 2, Brown signed the complaint in Schwartz v. APS as notary, then filed a replication bearing Schwartz’s and Brown’s signatures as Schwartz’s attorney-in-fact.
In Count 3, Brown claimed POA for Dean Marinpietri, identifying herself as durable POA and attorney in fact; the guardian and court records showed Brown’s involvement despite admonitions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Brown engaged in the unauthorized practice of law.	Brown prepared and filed pleadings for others and appeared at a pretrial conference.	Brown did not present responsive arguments; no defense appears in record.	Yes; Brown engaged in unauthorized practice of law.
Whether an injunction should be issued prohibiting further legal services by Brown.	Public protection requires barring Brown from practicing until licensed and registered.	No explicit argument; court notes lack of licensing.	An injunction prohibiting legal services in Ohio was warranted.
Whether civil penalties are appropriate and in what amount.	Relator seeks $30,000 total; board recommended $7,000 total.	Not explicitly presented; factors weighed by board.	A $7,000 civil penalty was imposed ($1,000 each for Counts 1 and 2, $5,000 for Count 3).
Whether mitigating or aggravating factors justify the penalty amount.	Board identified aggravating conduct and limited mitigating factor.	No timely responses; conduct showed intent to manipulate rules.	Aggravating factors outweighed mitigating factor; penalty set at $7,000.

Royal Indemn. Co. v. J.C. Penney Co., Inc., 27 Ohio St.3d 31 (Ohio 1986) (exclusive jurisdiction to regulate unauthorized practice of law)
Greenspan v. Third Fed. S. & L. Assn., 122 Ohio St.3d 455 (Ohio 2009) (protect public against incompetence in the practice of law)
Lorain Cty. Bar Assn. v. Kocak, 121 Ohio St.3d 396 (Ohio 2009) (Ohio Supreme Court discipline and unauthorized practice context)
Cleveland Bar Assn. v. CompManagement, Inc., 104 Ohio St.3d 168 (Ohio 2004) (regulatory authority to discipline and protect the public)
Disciplinary Counsel v. Brown, 99 Ohio St.3d 114 (Ohio 2003) (unauthorized practice conduct and disciplinary remedies)
Bukstein v. Disciplinary Counsel, 139 Ohio St.3d 230 (Ohio 2014) (monetary penalties for multiple unauthorized practices)
McGinnis, 137 Ohio St.3d 166 (Ohio 2013) (civil penalties for drafting pleadings for another)
Land Title Abstract & Trust Co. v. Dworken, 129 Ohio St. 23 (Ohio 1934) (definition of unauthorized practice including preparation of pleadings)