Section 7 - Filing and Investigation of Unauthorized Practice of Law Allegations(A)Referral by secretaryThe secretary may refer to the appropriate certified unauthorized practice of law committee, disciplinary counsel, or the Attorney General any matters coming to the attention of the Board or secretary for investigation as provided in this rule.
(B)Referral by certified unauthorized practice of law committeeIf a certified unauthorized practice of law committee determines in the course of its investigation that the allegations of the unauthorized practice of law under investigation are sufficiently serious and complex as to require the assistance of disciplinary counsel or the Attorney General, the chairperson of the certified unauthorized practice of law committee may direct a written request for assistance to Disciplinary Counsel or the Attorney General. Disciplinary counsel or the Attorney General shall review and may investigate all matters contained in the request and report the results of the investigation to the committee that requested it.
(C)Power and duty to investigate; dismissal without investigation(1) A certified unauthorized practice of law committee, disciplinary counsel or the Attorney General shall review and may investigate any matter referred to it or that comes to its attention and may file a formal complaint pursuant to this rule. The certified unauthorized practice of law committee, disciplinary counsel or the Attorney General shall provide the person alleged to have engaged in the unauthorized practice of law with a minimum of fourteen days to respond to the allegations.(2) Allegations of the unauthorized practice of law may be dismissed without investigation if the allegations and supporting material do not allege facts that, if substantiated, would constitute the unauthorized practice of law. A certified unauthorized practice of law committee shall not dismiss allegations of the unauthorized practice of law without investigation unless bar counsel has first reviewed the allegations.(D)Time for investigation(1) Upon written request of disciplinary counsel or a certified unauthorized practice of law committee, the secretary may extend the time to complete an investigation beyond two one year in the event of pending litigation, appeals, unusually complex investigations, including the investigation of multiple allegations, time delays in obtaining evidence or testimony of witnesses, or for other good cause shown. If an investigation is not completed within one year from the date of filing of the allegations or a good cause extension of that time, the secretary may refer the matter either to a geographically appropriate certified unauthorized practice of law committee or disciplinary counsel.(2) Time limits set forth in this rule are not jurisdictional. No investigation or complaint shall be dismissed unless it appears that there has been an unreasonable delay and that the rights of the respondent to have a fair hearing have been violated. Investigations that extend beyond one year from the date of filing are prima facie evidence of unreasonable delay.(E)Retaining outside experts If a particular investigation may benefit from the services of an independent investigator, auditor, examiner, assessor, or other expert, a certified unauthorized practice of law committee may submit a written request to the secretary for permission to retain the services of the outside expert. The written request shall include a general statement of the purpose for which the request is being made and an estimate of the fees and costs expected to be incurred. The outside expert may be retained upon receipt of written approval of the secretary.
(F)Duty to cooperate(1) The Board, disciplinary counsel, the Attorney General, and the president, secretary, or chairperson of a certified unauthorized practice of law committee may call upon an attorney or judicial officer in Ohio to assist in any investigation or to testify in any hearing before the Board as to any matter as to which he or she would not be bound to claim privilege as an attorney. No attorney or judicial officer shall neglect or refuse to assist in any investigation or to testify.(2) The failure or refusal of the subject of the allegations of the unauthorized practice of law to cooperate with an investigation initiated under Section 7(C)(1) of this rule shall create a rebuttable presumption of the unauthorized practice of law and constitute probable cause for the filing of a complaint thereunder. No complaint shall be filed with the Board unless the investigating authority has first attempted to notify the subject of the allegations of the consequences of failure or refusal to cooperate and given the subject of the allegations the time specified in Section 7(C)(1) to cooperate.(G)Referral of procedural questions to Board In the course of an investigation, the chairperson of a certified unauthorized practice of law committee, the Attorney General, bar counsel, or disciplinary counsel may direct a written inquiry regarding a procedural question to the secretary. Upon receipt of a written inquiry, the secretary shall consult with the chairperson of the Board and respond to the inquiry.
Amended April 27, 2021, effective 7/1/2021; amended November 15, 2022, effective 12/1/2022.