590 N.E.2d 916 (Ohio Bd.Unauth.Prac. 1992), UPL-90-7, Cincinnati Bar Assn. v. Davis

Docket Nº:UPL-90-7.
Citation:590 N.E.2d 916, 62 Ohio Misc.2d 64
Opinion Judge:D. JOHN TRAVIS, Acting Chairman.
Party Name:CINCINNATI BAR ASSOCIATION v. DAVIS.
Attorney:Thompson, Hine & Flory and Gordon M. Strauss, Clark & Eyrich and Stephen MacConnell, Cincinnati, for relator., D. JOHN TRAVIS, Acting Chairman. [62 Ohio Misc.2d 65] Thompson, Hine & Flory and Gordon M. Strauss, Clark & Eyrich and Stephen MacConnell, Cincinnati, for relator.
Case Date:March 04, 1992
Court:Ohio Board of Commissioners on the Unauthorized Practice of Law
 
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590 N.E.2d 916 (Ohio Bd.Unauth.Prac. 1992)

62 Ohio Misc.2d 64

CINCINNATI BAR ASSOCIATION

v.

DAVIS.

No. UPL-90-7.

Ohio Board of Commissioners on the Unauthorized Practice of Law.

March 4, 1992

[62 Ohio Misc.2d 65] Thompson, Hine & Flory and Gordon M. Strauss, Clark & Eyrich and Stephen MacConnell, Cincinnati, for relator.

D. JOHN TRAVIS, Acting Chairman.

This matter came before the Board of Commissioners on the Unauthorized Practice of Law on the formal complaint filed November 29, 1990.

Relator Cincinnati Bar Association was represented by Gordon M. Strauss, Thompson, Hine and Flory, Cincinnati, Ohio, and Stephen MacConnell, Clark and Eyrich, Cincinnati, Ohio. Respondent Marva Davis 1 was not represented by counsel. This matter was heard by the board on August 25, 1991 and December 13, 1991 in Columbus, and on October 25, 1991 in Cincinnati. Respondent appeared at the August 25 hearing, but did not appear at the subsequent hearings.

At the time of the activities alleged in the complaint, respondent served as the Executive Director of the Cincinnati Minority and Female Business Incubator, Inc. ("CBI"), an organization that assisted businesses in the start-up phase. The charges concern respondent's involvement with Dr. Karen Kay Lacy in the negotiation and consummation of a contract between Dr. Lacy and Deaconess Hospital of Cincinnati and with business and tax matters associated

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with the incorporation of Dr. Lacy's practice.

Relator's complaint alleged that respondent is not an attorney at law and engaged in the unauthorized practice of law by: [62 Ohio Misc.2d 66]

a. Forming a corporation for a client, filing corporate documents, and giving advice on tax and related matters: to wit, she formed a professional services corporation for one Karen Kay Lacy, M.D., preparing and filing the documents, and advising Dr. Lacy to transfer certain assets into the corporation;

b. Negotiating a contract on behalf of a third party: to wit, she represented the aforementioned Dr. Lacy in contract negotiations with the Deaconess Hospital, expressly affirming to personnel of Deaconess Hospital that she did so as an attorney; and

c. Effecting such representation notwithstanding that Respondent is not an attorney registered in accordance with Gov.Bar R. III, VI, or XI, yet holding herself out expressly as such an attorney.

In her answer, respondent: (1) stated that she acted "exclusively and solely" in her capacity as Executive Director of the Cincinnati Minority and Female Business Incubator, Incorporated ("CBI"); (2) stated that CBI "utilized lawyers * * * in relation to the...

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