Ohio State Bar Assn. v. Miller, 2014 Ohio 515

Relator Ohio State Bar Association filed a six-count UPL complaint against respondent Paul-Eugene Miller on November 15, 2010.
Miller, not an Ohio attorney, drafted deeds, trusts, affidavits, powers of attorney, promissory notes, and other documents for Diversified Benefits Group, Ltd.
Miller filed motions and pleadings in court on behalf of Diversified and related trusts, acting as their agent or trustee in multiple Ohio matters.
Miller answered relator’s complaint without denying the allegations, leading to deemed admissions under Civ.R. 8(D).
Panel found six counts of UPL and concluded Miller also represented Diversified in court for several years, constituting seven offenses in total.
Board recommended civil penalties; the Supreme Court adopted the panel’s findings and imposed a $7,000 total penalty and an injunction against further UPL.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Miller engage in unauthorized practice of law?	Miller drafted legal documents and filed pleadings for others, constituting UPL.	Miller may have relied on templates drafted by a lawyer; no explicit admission to practice.	Yes; Miller engaged in unauthorized practice of law in seven offenses.
Did Miller render legal services by drafting instruments for others?	Drafting deeds, trusts, affidavits, and related documents constitutes legal services.	Templates copied from forms do not change the nature of drafting; argued non-licensure defense.	Yes; drafting for others constitutes UPL.
Did Miller file pleadings/represent Diversified in court?	Filing pleadings and representing Diversified in state court were acts of the practice of law.	Not explicitly denied, but Miller claimed limited involvement with representation.	Yes; court found he represented Diversified before the court.
What sanction is appropriate for Miller’s UPL?	Penalties should reflect multiple offenses and harm, with aggravating factors.	Mitigation present; cooperation and cessation of conduct argued; Texas move noted.	Civil penalties totaling $7,000 and an injunction against further UPL.

Ohio State Bar Assn. v. Martin, 118 Ohio St.3d 119 (2008-Ohio-1809) (original jurisdiction over practice of law; definition of UPL)
Cleveland Bar Assn. v. Pearlman, 106 Ohio St.3d 136 (2005-Ohio-4107) (definition of rendering legal services and UPL scope)
Cleveland Bar Assn. v. Coats, 98 Ohio St.3d 413 (2003-Ohio-1496) (preparing and filing papers constitutes UPL)
Land Title Abstract & Trust Co. v. Dworken, 129 Ohio St. 23 (1934) (drafting contracts on behalf of another is UPL)
Dayton Bar Assn. v. Stewart, 116 Ohio St.3d 289 (2007-Ohio-6461) (nonattorney advising on corporate structuring constitutes UPL)
Ohio State Bar Assn. v. Burdzinski, Brinkman, Czarzasty & Landwehr, Inc., 112 Ohio St.3d 107 (2006-Ohio-6511) (drafting contracts for others is UPL; forms do not shield)
Cleveland Metro. Bar Assn. v. Davie, 133 Ohio St.3d 202 (2012-Ohio-4328) (independent review of misconduct in UPL cases)