Section 9 - Requirements for Filing a Complaint(A)Notice of intent to file No complaint shall be filed with the Board without first giving the subject of the allegations or investigation written notice by certified mail of the intent of disciplinary counsel, certified unauthorized practice of law committee or the Attorney General to file the complaint and fourteen days to respond to the notice. The notice of intent shall include a copy of the proposed complaint setting forth each allegation of the unauthorized practice of law.
(B)Content of the complaint (1) A complaint filed with the Board shall be a formal written complaint alleging the unauthorized practice of law by one who shall be designated as the respondent. The original complaint shall be filed in the office of the secretary. It shall be filed in the name of either the bar association that sponsors the certified unauthorized practice of law committee, disciplinary counsel or the Attorney General, as relator. The complaint shall include all of the following: (a) Allegations of specific instances of the unauthorized practice of law;(b) A list of any penalties previously imposed against the respondent for the unauthorized practice of law and the nature of the prior matter;(c) The respondent's last known address;(d) The signatures of one or more attorneys admitted to the practice of law in Ohio, who shall be counsel for the relator and, where applicable, by bar counsel;(e) Whether or not the relator is aware that an underlying complainant or individual is seeking a private remedy pursuant to R.C. 4705.07(C)(2).(2) The complaint shall not include any documents, exhibits, or other attachments unless specifically required by Civ. R. 10.(C)Relator certificate requirement (1) The complaint shall be accompanied by a written certification, signed by the president, secretary or chairperson of the certified unauthorized practice of law committee, disciplinary counsel, or the Attorney General, who shall be the relator, that, after investigation, relator believes probable cause exists to warrant a hearing on the complaint and that counsel have accepted the responsibility of prosecuting the complaint to conclusion. The certification shall constitute the authorization of the counsel to represent the relator in the action as fully and completely as if designated and appointed by order of the Court with all the privileges and immunities of an officer of the Court. The Attorney General may serve as co-relator with any regularly organized bar association or Disciplinary Counsel.(2) Concurrently with the filing of a complaint alleging the unauthorized practice of law, relator shall also file an original certificate from the Court, Office of Attorney Services, certifying that the respondent is not admitted to the practice of law in the State of Ohio or otherwise authorized to practice law in Ohio, and serve a copy thereof upon all respondents, counsel of record, and the secretary.(D)Forwarding of complaint Upon the filing of a complaint, the relator shall forward a copy of the complaint to disciplinary counsel, the certified unauthorized practice of law committees of the Ohio State Bar Association, and any local bar association serving the county or counties from which the complaint emanated.
Amended April 27, 2021, effective 7/1/2021