Lorain Cty. Bar Assn. v. Zubaidah (Slip Opinion)
20 N.E.3d 687
Ohio2014Background
- Lorain County Bar Assn. filed a four-count UPL complaint against Zubaidah and STAND Inc. (not licensed to practice law) for providing legal assistance in criminal matters.
- Zubaidah admitted some facts but denied unauthorized practice; panel heard May 15, 2012 and found UPL in all four counts.
- Panel recommended $5,000 civil penalty per count ($20,000 total), plus injunction and costs.
- Board adopted the panel’s findings and recommendations; Zubaidah objected but the objections were overruled.
- Defendants’ activities centered on four matters (Calhoun, White, Harris, Bason) where Zubaidah, though not admitted as an attorney, gave legal advice, drafted advocacy to judges, and signed STAND membership agreements.
- Court decision: injunction against Zubaidah and STAND; civil penalty of $20,000; costs taxed against them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Zubaidah engage in unauthorized practice of law? | Panel found UPL in all four counts | Zubaidah denied practicing law; claimed no attorney status | Yes, engaged in unauthorized practice of law |
| Are injunctive relief and civil penalties appropriate sanctions? | Board’s recommended penalties align with Gov.Bar R. VII(8)(B) | Challenge to penalties given motives/arguments | Yes; injunction and $20,000 total penalties imposed |
Key Cases Cited
- Cincinnati Bar Assn. v. Bailey, 110 Ohio St.3d 223 (2006-Ohio-4360) (incidental First Amendment limits; protecting public from incompetence)
- Geauga Cty. Bar Assn. v. Haig, 129 Ohio St.3d 601 (2011-Ohio-4271) (official jurisdiction over practice of law and unauthorized practice)
- Henley, 95 Ohio St.3d 91 (2002-Ohio-?) (unauthorized practice when advocates for clients; nonattorney actions cross line)
- Cincinnati Bar Assn. v. Telford, 85 Ohio St.3d 111 (1999-Ohio-707) (disclaimers ineffective; nonattorney cannot practice law)
- Bukstein, 139 Ohio St.3d 230 (2014-Ohio-1884) (nonattorney providing legal advice constitutes UPL despite good intentions)
- CompManagement, Inc. v. Cleveland, 104 Ohio St.3d 168 (2004-Ohio-6506) (restricting practice of law to licensed attorneys; public protection)
- Disciplinary Counsel v. Robinson, 126 Ohio St.3d 371 (2010-Ohio-3829) (panel credibility allowed; circumstantial evidence permissible)
- Geauga Cty. Bar Assn. v. Haig, 129 Ohio St.3d 601 (2011-Ohio-4271) (official jurisdiction over practice of law)