616 N.E.2d 998
No. UPL-92-6.Board of Commissioners on the Unauthorized Practice of Law.
Decided June 28, 1993.
J. Warren Bettis, Disciplinary Counsel, and Karen B. Hull,
Assistant Disciplinary Counsel, for relator.
No appearance for respondent.
JOHN W. WADDY, JR., Chairman.
This matter came before the Board of Commissioners on the Unauthorized Practice of Law on March 5, 1993. Members of the board present and participating in this decision were John W. Waddy, Jr., Chairman, Jack R. Baker, Craig D. Barclay, Paul M. Greenberger, and Jeffrey L. Maloon.
Relator’s complaint, filed December 30, 1992, alleged that respondent, Michael W. Stuber, rendered legal services, appeared in court, and filed court documents for others. Specifically, the complaint alleged the following activities as the unauthorized practice of law:
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1. On April 19, 1991, in Jan H. Stamm et al. v. Mary Lou Wilson et al., Fulton County Common Pleas Court, case No. 91CV000019, respondent appeared at counsel table with Wilson and represented himself to the court as Wilson’s “assistance of counsel.”
2. On September 24, 1992, when Tri-State Truck Equip. Sales v. Cepeda, Williams App. 91WM00010, was called for oral argument in the Court of Appeals, Sixth Appellate District, respondent was seated at counsel table with Dewey Kunkle, principal of the appellant. After inquiry from the court, respondent stated he was not a licensed attorney or a party in the case.
3. On August 27, 1991, in In re Sherry Kunkle Lawrence Kunkle, Fulton County Court of Common Pleas, case No. 21140, respondent appeared in court and sat at counsel table with Mr. Kunkle. Respondent was identified by Mr. Kunkle as “assistant counsel” and respondent testified that “I am Larry’s legi — assistant of counsel.”
Respondent failed to file an answer or otherwise respond to the complaint. After the time for answer had lapsed, relator filed a motion for default pursuant to Gov.Bar R VII(7)(B). Included with the motion was a certificate from the Clerk of the Supreme Court of Ohio stating that respondent has never been admitted to the practice of law in Ohio. Also included with the motion was documentary evidence, including transcripts of court proceedings, in support of the above allegations.
Upon review of the evidence, the board grants the motion for default judgment and finds by a preponderance of the evidence that respondent has engaged in the unauthorized practice of law by rendering legal services and appearing in court for others Cleveland Bar Assn. v. Smith (1993), 62 Ohio Misc.2d 776, 610 N.E.2d 671.
The board therefore authorizes relator to commence an action in a court of competent jurisdiction for the purpose of obtaining a judicial determination whether respondent Michael W. Stuber has engaged in the unauthorized practice of law. Relator shall send the secretary a copy of any judgment, order, or settlement agreement filed in a subsequent court proceeding.
Pursuant to Gov.Bar R. VII(9), relator may seek reimbursement from the board for expenses and attorney fees incurred in the prosecution of this matter in any court.
A copy of this opinion shall be served upon relator, respondent, all counsel of record, the Ohio State Bar Association, the Bar Associations of Fulton and Williams Counties, and the General Division of the Court of Common Pleas of Fulton and Williams Counties.
So ordered.
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