608 N.E.2d 866 (Ohio Bd.Unauth.Prac. 1992), UPL-92-2, Mahoning Cty. Bar Assn. v. Rector

Docket Nº:UPL-92-2.
Citation:608 N.E.2d 866, 62 Ohio Misc.2d 564
Opinion Judge:KENNETH F. SEIBEL, Chairman.
Party Name:MAHONING COUNTY BAR ASSOCIATION v. RECTOR.
Attorney:Joseph O'Leary, Akron, for respondent., KENNETH F. SEIBEL, Chairman. [62 Ohio Misc.2d 565] Friedman & Rummell Co., L.P.A., Carl D. Raforth and James Dietz, Youngstown, for relator. Joseph O'Leary, Akron, for respondent.
Case Date:September 10, 1992
Court:Ohio Board of Commissioners on the Unauthorized Practice of Law
 
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Page 866

608 N.E.2d 866 (Ohio Bd.Unauth.Prac. 1992)

62 Ohio Misc.2d 564

MAHONING COUNTY BAR ASSOCIATION

v.

RECTOR.

No. UPL-92-2.

Ohio Board of Commissioners on the Unauthorized Practice of Law.

September 10, 1992

Page 867

[62 Ohio Misc.2d 565] Friedman & Rummell Co., L.P.A., Carl D. Raforth and James Dietz, Youngstown, for relator.

Joseph O'Leary, Akron, for respondent.

KENNETH F. SEIBEL, Chairman.

This matter came before the Board of Commissioners on the Unauthorized Practice of Law ("board") on May 1, 1992 in Columbus, Ohio, on the formal complaint filed March 6, 1992. Members of the board present and participating in this decision were Kenneth F. Seibel, Chairman, John J. Carney, Jeffrey L. Maloon, Paul M. Greenberger, John W. Waddy, Jr., and D. John Travis.

Relator Mahoning County Bar Association was represented by Carl D. Raforth and James Dietz of Friedman & Rummell Co., L.P.A., Youngstown, Ohio. Respondent H. Brian Rector, while initially filing a pro se answer to relator's complaint, was represented by Joseph O'Leary, Akron, Ohio. Both respondent and his counsel failed to appear at the hearing. The board considered the pleadings and documents filed and relator's witness testimony and exhibits.

At the time of the activities alleged in the complaint, respondent served as Executive Vice President of Niles Manufacturing & Finishing, Inc., Niles, Ohio. The charges concerned respondent's conduct at the depositions of [62 Ohio Misc.2d 566] Robert K. Hendrick and Duane Stalnaker at the offices of attorney Richard T. Bush in Youngstown, Ohio. These depositions were taken as part of discovery in Dobrilovic v. Niles Mfg. & Finishing Co., case No. 4:91-CV-0550, filed in the United States District Court for the Northern District of Ohio, Eastern Division. Bush served as counsel for plaintiff Dobrilovic. Hendrick and Stalnaker were President and employee, respectively, of defendant Niles Manufacturing, for whom Joseph O'Leary served as counsel.

At the deposition of Hendrick, attorney Bush asked the people in the room to identify themselves. When respondent identified himself, Bush asked if he was to serve as co-counsel, to which respondent replied in the affirmative. Respondent also objected to several questions posed by Bush during the course of the deposition and once instructed the deponent not to answer a question.

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

a. Rendering legal services for others, to wit, representation of Niles Manufacturing & Finishing Co., and by holding himself out to be an attorney for that particular corporation in the case of Dobrilovic v. Niles Mfg. & Finishing Co.

b. Representing Niles Manufacturing & Finishing Co. as co-counsel during the deposition on July 23, 1991.

Page 868

In his pro se answer, respondent (1) denied each and every allegation in the complaint; (2) stated that he appeared at the deposition of Hendrick as the "employer"; (3) alleged that the complaint was false and fraudulent and designed to coerce a settlement in the Dobrilovic case; (4) denied that he represented himself as an attorney in the Dobrilovic case; (5) stated that he was previously present at a pretrial conference for the Dobrilovic...

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