Long awaited ruling about the practice of law without a license has finally come down from Ohio. We the People, a document preparation company which grew from a small operation in Santa Barbara, California to a national franchise, has finally been found to be practicing law without a license in Ohio, something we have been telling the California State Bar for years. Here is the finding of the Ohio State Bar in regards such service.
The Ohio State Bar found "We the People" was practicing law without a license because the franchise was owned and operated by attorneys not licensed in Ohio and advised individuals with respect to the completion of forms for the following: filing a personal bankruptcy, application of probate, advising individuals on how to complete the forms and what answers to put down, directing individuals to execute documents and charging them for services. In addition, We the People was found to be instructing completion of forms in disregard for proper procedures and determination by the Bankruptcy Court that the filing was inadequate and icomplete, preparation of unnecessary and incorrect form for administration of an estate, preparing incomplete forms for a bankruptcy case, issuing advertisements, and advertising the preparation of services for living trusts, wills, powers of attorney, and incorporations.
We the People was enjoined form engaging in the unauthorized practice of law and from damaging members of the public and fined $10,000 per civil occurrence, as a civil penalty as well as court costs.
Download the case at: Ohio State Bar Association v. Martin et al., No. 2007-1939, 2008 Ohio 1809; 2008 Ohio Lexis 1024 (April 23, 2008)
This has now resulted in a flood of franchise fire sales in the areas of document preparation. In short, the Ohio State Bar has now in no uncertain terms stated that if there will be any recommendation of how to take a legal step, that the recommendation must be made by someone licensed in Ohio. I really hope that California will follow this shortly.
Mina N. Sirkin is a Family Wealth Lawyer in Los Angeles, California. Ms. Sirkin is Board Certified as a Specialist in Estate Planning, Probate and Trust Law by the Board of Legal Specialization of the State Bar of California. [email protected]. http://www.SirkinLaw.com
