642 N.E.2d 75 (Ohio Bd.Unauth.Prac. 1994), UPL-93-2, Ohio State Bar Assn. v. Martin
|Citation:||642 N.E.2d 75, 66 Ohio Misc.2d 15|
|Opinion Judge:||JOHN W. WADDY, Jr., Chairman.|
|Party Name:||OHIO STATE BAR ASSOCIATION et al. v. MARTIN, d.b.a. Kensington Estate Services.|
|Attorney:||Mary L. Cibella, for relator Cleveland Bar Ass'n., J. Warren Bettis, Disciplinary Counsel, and Sally Ann Steuk, Disciplinary Counsel, for relator Office of Disciplinary Counsel., Monroe & Zucco and W.T. Bill Monroe, and Will Halker, for respondent Reed Martin, d.b.a. Kensington Estate Services, a...|
|Case Date:||July 20, 1994|
|Court:||Ohio Board of Commissioners on the Unauthorized Practice of Law|
This matter came on for hearing before the Board of Commissioners on the Unauthorized Practice of Law ("board") on October 4, 1993 in Columbus, Ohio, on the formal complaint filed April 20, 1993. Members of the board present and participating in this decision were John W. Waddy, Jr., Chairman, Paul M. Greenberger, Jack R. Baker, Craig D. Barclay, and Paul D. Frankel.
Relator Ohio State Bar Association was represented by Lee Clarke Davies, Akron, Ohio; Albert Bell, General Counsel of the Ohio State Bar Association, Columbus, Ohio; and Charles Simpson, Vandalia, Ohio. Relator Cleveland Bar Association was represented by Mary L. Cibella, Cleveland, Ohio. Relator J. Warren Bettis, Disciplinary Counsel, was represented by Sally Ann Steuk, Assistant Disciplinary Counsel, Columbus, Ohio. Respondent Reed Martin, d.b.a. Kensington Estate Services, a.k.a. Kensington Trust Preparation, was represented by W.T. Bill Monroe of Monroe and Zucco, Cleveland, Ohio, and Will Halker, Sacramento, California.
Relators' complaint alleged that Kensington Estate Services was a corporation with its principal place of business located in the state of California and that it was also known as Kensington Trust Preparation. Through discovery, relators learned that [66 Ohio Misc.2d 17] Kensington Estate Services is not incorporated and that both Kensington Estate Services and Kensington Trust Preparation are merely names used by Reed Martin ("Martin") in transacting business in Ohio and elsewhere. Relators moved to amend the complaint to name Martin as respondent. The motion was not opposed. The motion was granted pursuant to Gov. Bar R. VII(17), which states that "Amendments to any complaint * * * may be made at any time prior to final order of the Board. The party affected by such amendment shall be given reasonable opportunity to meet any new matter presented thereby." Hereinafter, respondent shall mean Reed Martin, individually, and Reed Martin, d.b.a. Kensington Estate Services, a.k.a. Kensington Trust Preparation.
Relators' complaint, as amended, alleged that respondent is not an attorney at law. The complaint also alleged that respondent engaged in the unauthorized practice of law by rendering legal advice to Ohio residents concerning the need and advisability of various types of trusts; prepared trust documents for Ohio residents; and charged and collected fees from Ohio residents in exchange for legal services rendered to or on behalf of those individuals.
At the hearing before the board, counsel for the parties waived their right to an evidentiary hearing. Relators moved for the admission into evidence of the depositions taken of Jeffrey L. Terbeek, Julian Nagy, James B. Driscoll, Glenn Fort, and Michael Phillips. The motion was not opposed and, therefore, the depositions were admitted. Additionally, the parties stipulated to the following facts:
"1. Relators, Ohio State Bar Association and Cleveland Bar Association, are regularly organized Bar Associations in the State of Ohio as is referred to in Section 5 of Rule VII of the Supreme Court Rules for the Government of the Bar of Ohio.
"2. At the time the complaint was filed, Relator, J. Warren Bettis, was the Disciplinary Counsel of the Supreme Court of Ohio as provided for by Rule V(3) of the Supreme Court Rules for the Government of the Bar of Ohio.
"3. The Respondent is Reed Martin and he does business as Kensington Estate Services,
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