The opinion
[This decision has been published in Ohio Official Reports at 96 Ohio St.3d 156.]
COLUMBUS BAR ASSOCIATION v. SMITH ET AL.
[Cite as Columbus Bar Assn. v. Smith, 2002-Ohio-3607.]
Unauthorized practice of law—Individuals not licensed to practice law in Ohio
preparing documents and giving advice for filing documents to customers
seeking to retain driving privileges or appealing administrative driver’s
license suspensions—Engagement in the unauthorized practice of law
enjoined.
(No. 2002-0491—Submitted May 22, 2002—Decided July 31, 2002.)
ON FINAL REPORT of the Board of Commissioners on the Unauthorized Practice
of Law of the Supreme Court, No. UPL005.
__________________
Per Curiam.
{¶1} Respondent Jack B. Smith owns respondent All Ohio Insurance
Agency, Inc. (“All Ohio”), which employs respondents Gregory P. Smith and
Sheila A. Smith. The Smiths operated a business known as respondent License
Recovery, which is wholly owned and operated as a division of All Ohio. None of
the Smiths has ever been admitted to the practice of law in Ohio or any other
jurisdiction, and All Ohio and License Recovery are neither legal professional
corporations nor owned or operated by any individual admitted to practice law in
Ohio or any other jurisdiction.
{¶2} Doing business as License Recovery, respondents obtained
computerized lists identifying individuals who were subject to driver’s license
suspensions by the Ohio Bureau of Motor Vehicles and used these lists to solicit
customers to assist in retaining their driving privileges or appealing their
administrative suspensions. Respondents prepared documents, such as petitions to
SUPREME COURT OF OHIO
modify point suspensions, and provided advice and instructions for filing the
documents in various Ohio courts.
{¶3} In August 2000, relator, Columbus Bar Association, filed a complaint
before the Board of Commissioners on the Unauthorized Practice of Law, alleging
that by preparing documents and giving advice for filing the documents in Ohio
courts, respondents engaged in the unauthorized practice of law. Respondents filed
an answer, and the parties subsequently filed a stipulation of facts and waiver of
notice of hearing. In the stipulation, respondents admitted that their preparation of
documents and provision of advice for filing them constituted the practice of law.
{¶4} In its final report filed March 28, 2002, the board found the facts as
previously set forth and concluded that respondents had engaged in the
unauthorized practice of law. The board recommended that respondents be
enjoined from engaging in further activity constituting the unauthorized practice of
law in Ohio and that costs be taxed to respondents.
{¶5} On review of the record, we adopt the findings, conclusions, and
recommendation of the board. “ ‘The practice of law * * * 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 before judges and
courts.’ ” Disciplinary Counsel v. Shrode, 95 Ohio St.3d 137, 2002-Ohio-1759,
766 N.E.2d 597, at ¶6, quoting 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; see, also,
Lorain Cty. Bar Assn. v. Kennedy (2002), 95 Ohio St.3d 116, 116-117, 766 N.E.2d
151. Moreover, “[t]he practice of law is not restricted to appearances in court; it
also encompasses giving legal advice and counsel.” Cincinnati Bar Assn. v. Telford
(1999), 85 Ohio St.3d 111, 112, 707 N.E.2d 462. By preparing documents for filing
in courts and giving legal advice, respondents engaged in the unauthorized practice
of law.
2
January Term, 2002
{¶6} Respondents are hereby enjoined from further actions that constitute
the unauthorized practice of law. Costs are taxed to respondents.
Judgment accordingly.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
__________________
Bruce A. Campbell, D. Allan Asbury and Daniel J. Igoe, for relator.
Brian J. Bradigan, for respondents.
__________________
3