574 N.E.2d 599 (Ohio Bd.Unauth.Prac. 1990), UPL-90-4, Stark County Bar Ass'n v. Beaman

Docket Nº:UPL-90-4.
Citation:574 N.E.2d 599, 60 Ohio Misc.2d 17
Party Name:STARK COUNTY BAR ASSOCIATION v. BEAMAN, et al.
Attorney:Robert C. Meyer, Massillon and Evan W. Morris, Jr., Alliance, for relator.
Case Date:December 17, 1990
Court:Ohio Board of Commissioners on the Unauthorized Practice of Law
 
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Page 599

574 N.E.2d 599 (Ohio Bd.Unauth.Prac. 1990)

60 Ohio Misc.2d 17

STARK COUNTY BAR ASSOCIATION

v.

BEAMAN, et al.

No. UPL-90-4.

Ohio Board of Commissioners on the Unauthorized Practice of Law.

December 17, 1990

       Syllabus by the Court

       A non-attorney who provides specific legal information in tax and estate matters is engaged in the unauthorized practice of law. (Green v. Huntington Natl. Bank of Columbus [1965], 4 Ohio St.2d 78, 33 O.O.2d 442, 212 N.E.2d 585, paragraph one of the syllabus, applied and followed.)

       Robert C. Meyer, Massillon and Evan W. Morris, Jr., Alliance, for relator.

OPINION AND ORDER.

       This matter came before the Board of Commissioners on the Unauthorized Practice of Law for formal hearing on September 21, 1990. Members of the board present and participating were Kenneth F. Seibel, Chairman, Santiago Feliciano, Jr., Paul M. Greenberger, Jeffrey L. Maloon,

Page 600

Dennis E. Murray, Sr., D. John Travis, and John W. Waddy, Jr.

       Relator was represented by Robert C. Meyer and Evan W. Morris, Jr. Respondents, Andrew Beaman and Andrew Beaman, d.b.a. Hendershott-Beaman Associates, were served with the complaint, prehearing order, and notice of hearing. However, respondents did not file an answer to the complaint or prehearing order. Neither respondents nor their representative appeared at this hearing or otherwise communicated with the board.

       Relator's complaint, filed May 10, 1990, alleged that respondent Beaman is not an attorney at law and that he has engaged in the unauthorized practice of law by:

       (a) advising and counseling residents of Ohio, with respect to the laws of Ohio governing wills, descent and distribution, and estates, and the estate tax laws of Ohio and of the United States;

       (b) advising and counseling residents of Ohio that a specific type of trust agreement would be suitable for their respective estates and should be established; and

       (c) preparing and drafting trust agreements and other legal documents for residents of Ohio, and assisting residents of Ohio in the execution of those documents in Ohio to carry into legal effect the advice and counsel given, as aforesaid.

       At the hearing, Robert C. Meyer, counsel for relator, stated that Beaman operates an estate-planning service and that he primarily uses a revocable living trust that he prepares and funds through the sale of life insurance and annuities....

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