The opinion
[This decision has been published in Ohio Official Reports at 95 Ohio St.3d 498.]
MEDINA COUNTY BAR ASSOCIATION v. FLICKINGER.
[Cite as Medina Cty. Bar Assn. v. Flickinger, 2002-Ohio-2483.]
Unauthorized practice of law—Individual not licensed to practice law in Ohio
prepared warranty deed conveying real estate and held herself out as an
attorney at law in Ohio—Engagement in the unauthorized practice of law
enjoined.
(No. 2001-2195—Submitted February 27, 2002—Decided June 12, 2002.)
ON FINAL REPORT of the Board of Commissioners on the Unauthorized Practice
of Law, No. UPL012.
__________________
Per Curiam.
{¶1} In November 1998, Shirley May Flickinger of Medina, Ohio, a person
not admitted to the practice of law in Ohio, prepared a warranty deed conveying
real estate from Ken I. Cleveland, grantor, to Shirley May Flickinger, as grantee.
The deed was prepared for the signature of Ken I. Cleveland. One of the witness
names typed on the deed was “Shirley May Flickinger.” The notary signature
portion of the deed was prepared for the signature of “Shirley May Flickinger,
Attorney at Law/November 1977, Washington, D.C./American Bar Association.”
{¶2} On November 10, 1998, Flickinger transmitted the deed to Cleveland
under cover of a letter that read: “Please have your witness and self sign in the
designated line. I will have the title notized [sic]. Respectfully, Attorney-at-Law
Shirley May Flickinger.”
{¶3} Relator, Medina County Bar Association, contacted Flickinger about
these activities, and shortly thereafter Flickinger wrote to the Clerk of the Supreme
Court of Ohio asking for “confirmation on the licensing of Shirley May Flickinger
* * * in or about November 1977, admitted to the American Bar Association,
SUPREME COURT OF OHIO
certified by Warren Berger [sic], Chief Justice of the United States Supreme Court,
Washington, D.C.” She signed the letter as Shirley May Flickinger, Attorney at
Law. The Attorney Registration Office of the Supreme Court of Ohio responded
that it had “no record of her ever applying to take the bar exam for the State of
Ohio.”
{¶4} On January 29, 2001, relator filed a complaint charging that by
preparing legal documents and holding herself out as an attorney, Flickinger was
engaged in the unauthorized practice of law. After the matter was referred to the
Board of Commissioners on the Unauthorized Practice of Law (“board”),
Flickinger did not answer the complaint. Instead, she sent a letter to relator, dated
July 16, 2001, stating that she did not practice law in Medina County and asking
that the case be dismissed. Flickinger did not appear at the hearing scheduled for
August 15, 2001.
{¶5} In response to relator’s motion for default, the board found the facts as
stated. The board concluded that Shirley May Flickinger, although not admitted to
the practice of law in Ohio, prepared legal documents for another and otherwise
held herself out as an attorney at law in Ohio and therefore was engaged in the
unauthorized practice of law. The board recommended that Flickinger be restrained
from engaging in the unauthorized practice of law in the future.
{¶6} On review of the record we adopt the findings, conclusions, and
recommendation of the board. Shirley May Flickinger is hereby enjoined from
engaging in any activity in the future that may constitute the unauthorized practice
of law. Costs are taxed to Shirley May Flickinger.
Judgment accordingly.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
__________________
2
January Term, 2002
Richard Barbera, Shawn P. Martin and Elayne M. Siegfried, for relator.
__________________
3