Ohio Supreme Court Clips Title Agent For $20K For Unauthorized Practice Of Law; Allegedly Prepared Deeds To Real Estate, Forged Attorney's Signature

From a recent ruling from the Ohio Supreme Court:

• [The] Ohio State Bar Association [the "OSBA"], alleged that respondents, Kimberly A. Dalton and Precision Land Title Agency, Inc. ("Precision Title"), had engaged in the unauthorized practice of law by preparing and completing two real estate general warranty deeds and by forging an attorney's signature on one of them. The Board on the Unauthorized Practice of Law agreed, concluding that the respondents had practiced law in violation of Ohio attorney licensure requirements, and recommends that we enjoin respondents from engaging in the practice of law, require respondents to disclose their clients to the [OSBA] and board and notify their clients of their conduct, and require respondents to pay a civil penalty. We agree that respondents engaged in the unauthorized practice of law, and we therefore impose the sanctions the board recommends.(1)

The Ohio Supreme Court imposed a civil penalty of $20,000, which, according to their legal analysis contained in the ruling, is non-dischargeable in a Federal bankruptcy proceeding.

For the facts of the case, and the court's application of the relevant law, see Ohio State Bar Association v. Dalton et al., 2010 Ohio 619 (March 2, 2010).

(1) According to the Ohio high court:

• “The unauthorized practice of law is the rendering of legal services for another by any person not admitted to practice in Ohio under Rule I and not granted active status under Rule VI, or certified under Rule II, Rule IX, or Rule XI of the Supreme Court Rules for the Government of the Bar of Ohio.” Gov.Bar R. VII(2)(A). “In Land Title Abstract & Trust Co. v. Dworken (1934), 129 Ohio St. 23, 1 O.O. 313, 193 N.E. 650, we made clear that the practice of law embraces the preparation of legal documents on another's behalf, including deeds which convey real property.” Disciplinary Counsel v. Doan (1997), 77 Ohio St.3d 236, 237, 673 N.E.2d 1272.