Opinion

Cincinnati Bar Assn. v. Estep

  • 74 Ohio St. 3d 172
  • 1995 Ohio 258
Court
Ohio Supreme Court
Filed
Dec 20, 1995
Status
Published
Cited by
0 cases
Authority
More cited than 39.6%

The opinion

[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 172.]

CINCINNATI BAR ASSOCIATION v. ESTEP.

[Cite as Cincinnati Bar Assn. v. Estep, 1995-Ohio-258.]

Unauthorized practice of law—Appearance and practice before Bureau of

Workers’ Compensation on a workers’ compensation claim constitute the

practice of law and may be performed only by a registered attorney—Ohio

Adm.Code 4121-2-01(B), applied.

(No. 95-1952—Submitted October 24, 1995—Decided December 20, 1995.)

ON CERTIFIED REPORT by the Board of Commissioners on the Unauthorized

Practice of Law, No. UPL-95-1.

__________________

{¶ 1} Relator, Cincinnati Bar Association, in a complaint filed March 30,

1995, charged respondent, J.R. (Jim) Estep of Union, Kentucky, with engaging in

the unauthorized practice of law. Respondent filed an answer in which he denied

engaging in the practice of law.

{¶ 2} Pursuant to Gov. Bar R. VII(7)(C), the parties submitted a stipulation

of facts and waiver of notice and hearing to the Board of Commissioners on the

Unauthorized Practice of Law (“board”). According to the stipulated evidence,

respondent is not registered as an attorney at law with this court under either Gov.

Bar R. VI or XI and was not so registered in 1994.

{¶ 3} In February 1994, respondent entered into a contract with Sheryl A.

Class, in which respondent was appointed Class’s designated representative for her

then-pending workers’ compensation claim. The contract between respondent and

Class was for a contingent fee, with Class agreeing to pay respondent one-third of

any workers’ compensation benefits obtained. Respondent prepared an

“Authorization of Representative of Claimant” form, which was executed by Class

and filed with the Ohio Bureau of Workers’ Compensation (“bureau”).

SUPREME COURT OF OHIO

Respondent thereafter corresponded with the bureau and the Industrial Commission

of Ohio (“commission”) and filed a notice of appeal and brief on behalf of Class.

{¶ 4} During his representation of Class, respondent never stated that he

was an attorney and neither the bureau nor the board ever informed respondent that

he was required to be an attorney in order to represent Class on her workers’

compensation claim. Respondent reiterated his denial that any of his conduct

constituted the practice of law, but had no objection to this court’s issuing a

permanent order enjoining him from representing any other workers’ compensation

claimant before the bureau or commission.

{¶ 5} On August 31, 1995, the board issued its final report. The board

concluded that respondent had engaged in the unauthorized practice of law. The

board recommended that the court issue an order finding that respondent had

engaged in the unauthorized practice of law, prohibiting him from engaging in the

unauthorized practice of law in the future, and providing for reimbursement of costs

and expenses incurred by the board and relator.

{¶ 6} After the filing of the final report of the board, we issued an order to

respondent to show cause why the report should not be confirmed and an

appropriate order granted. Gov. Bar R. VII(19)(A). Respondent has not filed

objections to the report.

{¶ 7} The cause is now before the court for the determination specified in

Gov. Bar R. VII(19)(D).

____________________

Strauss & Troy and Steven F. Stuhlbarg, for relator.

J.R. (Jim) Estep, pro se.

____________________

Per Curiam.

{¶ 8} Having thoroughly reviewed the record, we adopt the findings and

recommendation of the board. As the board concluded, “[t]he practice of law is not

2

January Term, 1995

limited to the conduct of cases in court. It embraces the preparation of pleadings

and other papers incident to actions and special proceedings and the management

of such actions and proceedings on behalf of clients *** and in general all advice

to clients and all action taken for them in matters connected with the law.” Land

Title Abstract & Trust Co. v. Dworken (1934), 129 Ohio St. 23, 1 O.O. 313, 193

N.E.650, paragraph one of the syllabus. One who gives legal advice to others with

the expectation of being compensated therefor engages in the practice of law.

Green v. Huntington Natl. Bank (1965), 4 Ohio St.2d 78, 81, 33 O.O.2d 442, 444,

212 N.E.2d 585, 587.

{¶ 9} More specifically, we have held that appearances and practice before

the Industrial Commission constitute the practice of law. See State ex rel.

Nicodemus v. Indus. Comm. (1983), 5 Ohio St.3d 58, 60, 5 OBR 115, 116, 448

N.E.2d 1360, 1362; Ohio Adm. Code 4121-2-01(B) (“No person other than an

attorney in good standing may render advice or services in the preparation or

presentation of a claim for compensation arising under the workers’ compensation

laws of Ohio if a fee for such advice or services is to be received from or charged

against the one having such claim.”).

{¶ 10} Accordingly, we find that respondent has engaged in the

unauthorized practice of law. It is ordered that respondent be prohibited from

engaging in the unauthorized practice of law in the future. It is further ordered that

respondent provide reimbursement of costs and expenses incurred by the board and

relator. Costs taxed to respondent.

Judgment accordingly.

MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and

COOK, JJ., concur.

__________________

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.