Court News Ohio
Court News Ohio
Court News Ohio

Open for Public Comment: Unauthorized Practice of Law Regulation Changes

A statue of lady justice holding scales with the Supreme Court of Ohio log and the Board on the Unauthorized Practice of Law

The board has proposed udpated regulations for more efficiency and clarity when handling UPL claims.

A statue of lady justice holding scales with the Supreme Court of Ohio log and the Board on the Unauthorized Practice of Law

The board has proposed udpated regulations for more efficiency and clarity when handling UPL claims.

The Supreme Court of Ohio is accepting public comment on proposed amendments by the board that oversees the unauthorized practice of law (UPL).

The Board on the Unauthorized Practice of Law has suggested amended regulations to enhance the process of reviewing claims against people who provide legal advice or services but aren’t licensed to do so in Ohio. The board oversees the system that investigates accusations of UPL. The 13 members appointed by the Supreme Court – through Rule VII of the Supreme Court Rules for the Government of the Bar of Ohio – gather information, conduct hearings, and provide recommendations to the Court in alleged UPL cases.

The board’s most notable recommendation is expediting normal hearing timelines to within 120 days of a panel being assigned. The current deadline is 266 days. Other administrative proposals include clarifying motions for extensions of time and withdrawal of counsel, providing guidance on filings, and voluntary dismissals of cases.

Another recommendation establishes procedures to re- or decertify committees previously approved by the UPL board. These committees – often created through bar associations – investigate UPL allegations and forward their findings to the board. To improve information gathering, the board also recommends listing procedures for issuance of subpoenas to people who are being investigated by committees or the Office of Disciplinary Counsel.

Public comments should be submitted in writing or via email by Jan. 30, 2023 to:
Bradley Martinez
Assistant Director, Attorney Services
Supreme Court of Ohio
65 S. Front St., 5th floor
Columbus, OH 43215-3431
Bradley.Martinez@sc.ohio.gov

Please include your full name and mailing address in any comments submitted by e-mail.