As amended through October 15, 2024
As used in this rule:
(A) "Complaint" means a formal written allegation of the unauthorized practice of law by a person designated as the respondent filed with the Board by a person designated as the relator.(B) "Confidential" acknowledges the restrictions and requirements of Sections 1 and 4 of this rule, the necessity of confidentiality of all proceedings, documents, and deliberations of a certified unauthorized practice of law committee, disciplinary counsel, the Attorney General, and the Board and its hearing panels.(C) "Consent decree agreement" means a voluntary written agreement entered into between the parties and submitted to the Board. If approved by the Board, it is submitted to the Supreme Court. It becomes a consent decree if approved by the Court. The consent decree is the final judgment of the Court and is enforceable through contempt proceedings before the Court.(D) "Electronic service address" means the email address designated by an attorney for service of documents pursuant to Gov. Bar R. VI, Section 4(B)(2).(E) "Judicial officer" means any natural person who is subject to the Code of Judicial Conduct as set forth in the Application section of that code.(F) "Misconduct" means the unauthorized practice of law.(G) "Person" means a natural person or legal entity capable of suing or being sued.(H) "Probable cause" means there is substantial, credible evidence that misconduct has been committed.(I) "Proposed resolution" means a proposed settlement agreement or a proposed consent decree agreement.(J)(1) "Unauthorized practice of law" means:(a) The rendering of legal services for another by any person not admitted to practice in Ohio under Rule I of the Supreme Court Rules for the Government of the Bar unless the person is:(i) Certified as a legal intern under Gov. Bar R. II and rendering legal services in compliance with that rule;(ii) Granted corporate status under Gov. Bar R. VI and rendering legal services in compliance with that rule; (iii) Certified to temporarily practice law in legal services, public defender, and law school programs under Gov. Bar R. IX and rendering legal services in compliance with that rule;(iv) Registered as a foreign legal consultant under Gov. Bar R. XI and rendering legal services in compliance with that rule; (v) Granted permission to appear pro hac vice by a tribunal in a proceeding in accordance with Gov. Bar R. XII and rendering legal services in that proceeding;(vi) Rendering legal services in accordance with Rule 5.5 of the Ohio Rules of Professional Conduct (titled "Unauthorized Practice of Law; Multijurisdictional Practice of Law").(b) The rendering of legal services for another by any person: (i) Disbarred from the practice of law in Ohio under Gov. Bar R. V;(ii) Designated as resigned or resigned with disciplinary action pending under former Gov. Bar R. V (prior to September 1, 2007); (iii) Designated as retired or resigned with disciplinary action pending under Gov. Bar R. VI. (c) The rendering of legal services for another by any person admitted to the practice of law in Ohio under Gov. Bar R. I while the person is:(i) Suspended from the practice of law under Gov. Bar R. V;(ii) Registered as an inactive attorney under Gov. Bar R. VI;(iii) Summarily suspended from the practice of law under Gov. Bar R. VI for failure to register; (iv) Suspended from the practice of law under Gov. Bar R. X for failure to satisfy continuing legal education requirements;(v) Registered as retired under former Gov. Bar R. VI (prior to September 1, 2007).(d) Holding out to the public or otherwise representing oneself as authorized to practice law in Ohio by a person not authorized to practice law by the Supreme Court Rules for the Government of the Bar or Prof. Cond. R. 5.5.(2) For purposes of this section, "holding out" includes conduct prohibited by divisions (A)(l) and (2) and (B)(l) of section 4705.07 of the Revised Code. Adopted April 27, 2021, effective 7/1/2021