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The Supreme Court of Ohio today announced changes to a rule to enforce the prohibition on the unauthorized practice of law.
Originally adopted in 2005, Rule VII(5a) of the Rules for the Government of the Bar of Ohio permits a bar association or the Office of Disciplinary Counsel to file a motion for an interim cease and desist order with the Supreme Court in an unauthorized practice of law matter.
An interim cease and desist order is issued by the Court for the unauthorized practice of law when substantial, credible evidence demonstrates that an individual or entity has engaged in unauthorized practice of law and poses a substantial threat of serious harm to the public.
The former rule permitted the respondent to oppose the motion by filing a memorandum, and any supporting evidence. The Court, under the old rule, would then rule on the motion without a hearing.
The new rule designates the chair of the Board on the Unauthorized Practice of Law to serve as a fact-finder on behalf of the Court. A motion for interim cease and desist will be filed simultaneously with the board and the Court. If warranted, the chair will conduct a fact-finding hearing or oral argument and prepare a report to the Court with his/her recommendation whether the Court should issue an interim cease and desist order.
The rule becomes effective on Sept. 1. To view the rule, visit the Supreme Court’s Web site at http://www.supremecourtofohio.gov/Rules/govbar/govbar.pdf.
Contact: Chris Davey or Bret Crow at 614.387.9250.