An attorney in fact/POA does not allow you to represent someone

[Ohiogal]

Today in Ohio: Cleveland Metro. Bar Assn. v. Hennessey (Slip Opinion) (ohio.gov) Power of attorney does NOT mean you can represent someone.

 

[Zigner]

Today in Ohio: Cleveland Metro. Bar Assn. v. Hennessey (Slip Opinion) (ohio.gov) Power of attorney does NOT mean you can represent someone.

"The purpose of that regulation is to 'protect the public against incompetence, divided loyalties, and other attendant evils that are often associated with unskilled representation.'"



I need to save that for the times that I point out UPL in threads.

 

[quincy]

Today in Ohio: Cleveland Metro. Bar Assn. v. Hennessey (Slip Opinion) (ohio.gov) Power of attorney does NOT mean you can represent someone.

That sure seems like a common sense Opinion. I am surprised the case made it to Ohio’s Supreme Court.

 

[Ohiogal]

That sure seems like a common sense Opinion. I am surprised the case made it to Ohio’s Supreme Court.

It was considered a DISCIPLINARY/ETHICS case.. ALL OF THOSE go to the Ohio Supreme Court if the Disciplinary council thinks there are issues.

 

[quincy]

It was considered a DISCIPLINARY/ETHICS case.. ALL OF THOSE go to the Ohio Supreme Court if the Disciplinary council thinks there are issues.

Ah. Thanks for the explanation.

It is always reassuring to know that the UPL is taken seriously and violators will be held accountable.

 

[Taxing Matters]

That sure seems like a common sense Opinion. I am surprised the case made it to Ohio’s Supreme Court.

In many states, including where I practice, the process is that the body that regulates and disciplines lawyers and also polices unauthorized practice of law (UPL), makes the initial determination on any complaint of lawyer misconduct or UPL after investigation and a hearing. Then the matter goes to the state supreme court for decision unless the person charged agrees with the decision made by the disciplinary body as the supreme court is the court that is charged with the regulation of the practice of law. Thus, in my state, ALL disciplinary and UPL complaints are heard by the supreme court, and from what GAL said, Ohio is the same way. Such matters are considered very serious.

It is always reassuring to know that the UPL is taken seriously and violators will be held accountable.

Unfortunately there is more UPL that goes on than the state finds about and punishes. For example, some of the business services that some CPAs provide strays into the UPL, a situation that I would like to see taken more seriously.

 

[Ohiogal]

Ah. Thanks for the explanation.

It is always reassuring to know that the UPL is taken seriously and violators will be held accountable.

We try as attorneys...

 

[Ohiogal]

In many states, including where I practice, the process is that the body that regulates and disciplines lawyers and also polices unauthorized practice of law (UPL), makes the initial determination on any complaint of lawyer misconduct or UPL after investigation and a hearing. Then the matter goes to the state supreme court for decision unless the person charged agrees with the decision made by the disciplinary body as the supreme court is the court that is charged with the regulation of the practice of law. Thus, in my state, ALL disciplinary and UPL complaints are heard by the supreme court, and from what GAL said, Ohio is the same way. Such matters are considered very serious.



Unfortunately there is more UPL that goes on than the state finds about and punishes. For example, some of the business services that some CPAs provide strays into the UPL, a situation that I would like to see taken more seriously.

Yep I concur. There are people that practice law in Ohio that are not licensed.. I can think of several caseworkers. And CSB as a whole. They constantly give legal advice.

 

[quincy]

It sounds like it operates a little differently in Michigan. Although the Michigan Supreme Court governs the practice of law and lawyers, the State Bar is the enforcement agency for UPL, investigating and prosecuting complaints.

Michigan’s UPL has been tweaked so that, effective in June 2021, domestic violence advocates will now be able to provide some (otherwise considered legal) assistance to domestic violence victims without running afoul of the law.

At any rate, I think recently I have worried more about a notable few moronic lawyers who are somehow inexplicably still licensed to practice law than I have worried about any laypersons practicing law.