2018 Ohio 4247
Ohio2018Background
- Relator Ohio State Bar Association (OSBA) alleged respondent John Ross, a nonlawyer landlord/property manager in Columbus, drafted, signed, and litigated forcible-entry-and-detainer (eviction) complaints and related money-claims on behalf of trusts, LLCs, and others.
- From Jan. 1, 2013, to the present, OSBA identified 171 separate complaints filed by Ross that constituted alleged unauthorized practice of law (UPL).
- OSBA notified Ross; he ceased the challenged conduct in May 2015 and cooperated with the investigation.
- The parties submitted a consent decree to the Board on the Unauthorized Practice of Law under Gov.Bar R. VII(5b); notice and hearing were waived.
- Under the consent decree Ross was permanently enjoined from engaging in UPL, barred from collecting existing non-dormant money judgments obtained in the identified actions, required to move to vacate/dismiss those judgments within 60 days, and ordered to pay a $2,500 civil penalty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ross’s drafting, signing, and litigating eviction and money-claims for third-party owners constituted UPL | Ross engaged in the unauthorized practice by representing property owners/trusts/LLCs in court without a license | Ross contended he believed he had legal authority (as trustee/manager/realtor) to file these actions and ceased after notice | Court (by consent decree) agreed the conduct constituted UPL and enjoined him from further practice |
| Whether nonlawyers may represent trusts/LLCs or file forcible-entry-and-detainer actions for others | OSBA relied on precedent that nonlawyers may not represent separate legal entities or file such complaints | Ross pointed to his roles (trustee/manager) asserting authority over the matters | Precedent controls: nonlawyers cannot represent trusts/LLCs or file eviction/money-claim suits on behalf of others; decree reflects that rule |
| Appropriate remedy/penalty for violations | OSBA sought injunctive relief and penalty proportionate to conduct | Ross cooperated and had not collected judgments; sought limited penalty | Parties agreed and Board approved permanent injunction, $2,500 civil penalty, and vacatur/dismissal of specified money judgments |
| Requirement to vacate or dismiss existing money judgments obtained by Ross | OSBA sought to prevent Ross from collecting judgments obtained via UPL | Ross agreed not to collect and to file motions to vacate/dismiss | Decree requires motions/notices to vacate/dismiss all non-dormant money judgments within 60 days and permanently bars collection |
Key Cases Cited
- Cleveland Bar Assn. v. Picklo, 96 Ohio St.3d 195 (2002) (nonlawyers may not file forcible-entry-and-detainer or related money-claims on behalf of property owners)
- Cleveland Bar Assn. v. Woodman, 98 Ohio St.3d 436 (2003) (nonlawyer trustees may not engage in legal representation of trusts)
- Ohio State Bar Assn. v. Miller, 138 Ohio St.3d 203 (2014) (UPL includes drafting pleadings and litigating on behalf of third parties)
- Disciplinary Counsel v. Kafele, 108 Ohio St.3d 283 (2006) (limited liability companies and other separate entities must be represented by licensed counsel)