616 N.E.2d 998 (Ohio Bd.Unauth.Prac. 1993), UPL-92-6, Disciplinary Counsel v. Stuber

Docket Nº:UPL-92-6.
Citation:616 N.E.2d 998, 63 Ohio Misc.2d 23
Opinion Judge:JOHN W. WADDY, Jr., Chairman.
Party Name:Office of DISCIPLINARY COUNSEL v. STUBER.
Attorney:No appearance for respondent., JOHN W. WADDY, Jr., Chairman. J. Warren Bettis, Disciplinary Counsel, and Karen B. Hull, Asst. Disciplinary Counsel, for relator. No appearance for respondent.
Case Date:June 28, 1993
Court:Ohio Board of Commissioners on the Unauthorized Practice of Law
 
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Page 998

616 N.E.2d 998 (Ohio Bd.Unauth.Prac. 1993)

63 Ohio Misc.2d 23

Office of DISCIPLINARY COUNSEL

v.

STUBER.

No. UPL-92-6.

Ohio Board of Commissioners on the Unauthorized Practice of Law.

June 28, 1993

Page 999

J. Warren Bettis, Disciplinary Counsel, and Karen B. Hull, Asst. Disciplinary Counsel, for relator.

No appearance for respondent.

JOHN W. WADDY, Jr., Chairman.

This matter came before the Board of Commissioners on the Unauthorized Practice of Law on March 5, 1993. Members of the board present and participating in this decision were John W. Waddy, Jr., Chairman, Jack R. Baker, Craig D. Barclay, Paul M. Greenberger, and Jeffrey L. Maloon.

Relator's complaint, filed December 30, 1992, alleged that respondent, Michael W. Stuber, rendered legal services, appeared in court, and filed court documents for others. Specifically, the complaint alleged the following activities as the unauthorized practice of law: [63 Ohio Misc.2d 24]

1. On April 19, 1991, in Jan H. Stamm et al. v. Mary Lou Wilson et al., Fulton County Common Pleas Court, case No. 91CV000019, respondent appeared at counsel table with Wilson and represented himself to the court as Wilson's "assistance of counsel."

2. On September 24, 1992, when Tri-State Truck & Equip. Sales v. Cepeda, Williams App. 91WM00010, was called for oral argument in the Court of Appeals, Sixth Appellate District, respondent was seated at counsel table with Dewey Kunkle, principal of the appellant. After inquiry from the court, respondent stated he was not a licensed attorney or a party in the case.

3. On August 27, 1991, in In re Sherry Kunkle & Lawrence Kunkle, Fulton County Court of Common Pleas, case No. 21140, respondent appeared in court and sat at counsel table with Mr. Kunkle. Respondent was identified by Mr. Kunkle as "assistant counsel" and respondent testified that "I am Larry's legi--assistant of counsel."

Respondent failed to file an answer or otherwise respond to the complaint. After the time for answer had lapsed, relator filed a motion for default pursuant to Gov.Bar R VII(7)(B). Included with the motion was a certificate from the Clerk of the Supreme Court of Ohio stating that respondent has never been admitted to the practice of law in Ohio. Also included with the motion was documentary evidence, including transcripts of court proceedings, in support...

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