2013 Ohio 5284
Ohio2013Background
- Paige N. Casey was never licensed or certified to practice law in Ohio; she was dismissed from law school in October 2010.
- In October 2011 Casey represented to a friend, Jeremy Fishman, that she was an attorney and offered to represent him on a traffic citation in Euclid Municipal Court.
- Casey met with the assistant prosecutor under the pretext of an informational interview, then sought advice and claimed she was a certified legal intern authorized to represent Fishman.
- Casey filed a plea form identifying herself as Fishman’s attorney (writing "pending bar exam under supervision of atty" in lieu of a registration number), then returned to court causing a disturbance and asserting authority to act as a legal intern despite being prohibited by the judge.
- Documentary evidence and affidavits showed Casey prepared and filed pleadings, communicated with opposing counsel, used the signature "Paige N. Casey, J.D./M.B.A.," and attempted to charge a $500 fee; she failed to answer the UPL complaint and did not participate in the hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Casey engaged in unauthorized practice of law by providing legal advice and representation | Relator: Casey prepared pleadings, advised Fishman, and communicated with opposing counsel — conduct constituting unauthorized practice | Casey: implied she was a legal intern under supervision and thus authorized to act | Court: Casey engaged in unauthorized practice by providing legal services without admission or certification |
| Whether Casey falsely represented she was authorized to practice law | Relator: Casey held herself out as an attorney or certified legal intern to multiple court actors | Casey: claimed legal-intern status and supervision by Legal Aid; used academic titles in correspondence | Court: Casey misrepresented authority to practice; using "J.D." and related statements contributed to misleading others |
| Whether injunction is appropriate to prevent future unauthorized practice | Relator: Injunction required to protect public and bar regulation authority | Casey: no participation to assert circumstances or mitigation | Court: Issued injunction prohibiting Casey from performing or holding herself out as authorized to perform legal services in Ohio unless she obtains and registers a valid license |
| Whether civil penalty should be imposed and its amount | Relator: Recommended $1,000 penalty considering factors in Gov.Bar R. VII(8)(B) | Casey: did not contest or present mitigating evidence | Court: Assessed $1,000 civil penalty and taxed costs against Casey |
Key Cases Cited
- Cleveland Metro. Bar Assn. v. Davie, 133 Ohio St.3d 202 (2012) (Supreme Court’s original jurisdiction to define and regulate the practice of law)
- Geauga Cty. Bar Assn. v. Haig, 129 Ohio St.3d 601 (2011) (unauthorized practice includes providing legal services without admission or certification)
- Land Title Abstract & Trust Co. v. Dworken, 129 Ohio St. 23 (1934) (definition: provision of legal services includes advice and actions on another’s legal matters)
- Disciplinary Counsel v. Brown, 99 Ohio St.3d 114 (2003) (preparing pleadings and representing another in court constitute legal services)
- Disciplinary Counsel v. Pratt, 127 Ohio St.3d 293 (2010) (representing authority to practice when unauthorized is unauthorized practice)
- Cleveland Bar Assn. v. Misch, 82 Ohio St.3d 256 (1998) (silence or use of credentials can create misleading impression of authority)