Ohio Gov. Bar. R. 2

As amended through October 29, 2024

Section 2 - Jurisdiction and Powers of the Board

(A)Exclusive jurisdiction

Except as otherwise expressly provided in rules adopted by the Supreme Court, all allegations of the unauthorized practice of law shall be brought, conducted, and disposed of in accordance with the provisions of this rule. The Board shall have the authority to certify, recertify, and decertify an unauthorized practice of law committee in accordance with Section 3 of this rule.

(B)Hearing authority

The Board shall receive evidence, preserve the record, make findings, and submit recommendations concerning complaints of the unauthorized practice of law, except for complaints against persons listed in Section 31(J)(3) of this rule, which shall be filed in accordance with the disciplinary procedure set forth in Gov. Bar R. V.

(C)Manner of Service

Whenever provision is made for the service of any complaint, notice, order, or other document upon a respondent or relator in connection with any proceeding under this rule, service may be made upon counsel of record for the party personally or by certified mail.

If service of any document by certified mail is refused or unclaimed, the secretary may make service by ordinary mail evidenced by a certificate of mailing. Service shall be considered complete when the fact of mailing is entered in the record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.

(D)Subpoenas.

(1) The Board may issue subpoenas and cause testimony to be taken under oath before disciplinary counsel, a certified unauthorized practice of law committee the Attorney General, a Board hearing panel, or the Board. Each subpoena shall be issued in the name and under the seal of the Supreme Court and shall be signed by the secretary, the Board chairperson or vicechairperson, or the hearing panel chairperson and served as provided by the Rules of Civil Procedure. Fees and costs of all subpoenas shall be provided from the Attorney Services Fund and taxed as costs.

(2) The refusal or neglect of a person subpoenaed or called as a witness to obey a subpoena, to attend, to be sworn or to affirm, or to answer any proper question shall be deemed to be contempt of the Supreme Court and may be punished accordingly.

(E)Depositions

The secretary, the Board chairperson or vice-chairperson, or the chairperson of the hearing panel assigned to a relevant case may order testimony of any person to be taken by deposition within or without this state in the manner prescribed for the taking of depositions in civil actions, and such depositions may be used to the same extent as permitted in civil actions.

(F)Advisory opinions

The Board may issue nonbinding advisory opinions to any regularly organized bar association in this state, disciplinary counsel, or the Attorney General in response to prospective or hypothetical questions of public or great general interest regarding the application of this rule and the unauthorized practice of law.

(G)Regulations

The Board shall have authority to adopt regulations consistent with this rule. Proposed regulations and amendments to existing regulations shall be published for comment prior to adoption in a manner consistent with rule amendments proposed by the Court, and adopted regulations shall be published in the same manner as rules adopted by the Court. The regulations shall include the following provisions:

(1) Procedures for identifying certified unauthorized practice of law committees that are not in compliance with the standards set forth in this rule, and for decertifying a certified unauthorized practice of law committee that fails to bring itself into compliance after being notified of noncompliance;

(2) Guidelines for the processing of unauthorized practice of law cases pending before the Board and panels of the Board;

(3) Procedures for the issuance of advisory opinions;

(4) Guidelines for the imposition of civil penalties in unauthorized practice of law cases pending before the Board and panels of the Board.

Ohio. Gov. Bar. R. 2

Amended April 27, 2021, effective 7/1/2021