Cleveland Bar Assn. v. Slavin

• Decision Date: 14 January 1993
• Docket Number: No. UPL-92-3,UPL-92-3
• Citation: 62 Ohio Misc.2d 570,608 N.E.2d 870
• Parties: CLEVELAND BAR ASSOCIATION v. SLAVIN. Ohio Board of Commissioners on the Unauthorized Practice of Law
• Court: Ohio Board of Unauthorized Practice

Page 570

62 Ohio Misc.2d 570

608 N.E.2d 870

CLEVELAND BAR ASSOCIATION v. SLAVIN.

No. UPL-92-3.

Ohio Board of Commissioners on the Unauthorized Practice of Law.

Decided Jan. 14, 1993.

Anne L. Kilbane, Robert Gillespy II and John A. Hallbauer, Cleveland, for relator.

Thomas J. Friel, Cleveland, for respondent.

KENNETH F. SEIBEL, Chairman.

This matter came before the Board of Commissioners on the Unauthorized Practice of Law for hearing on August 21, 1992. Members of the board present and participating in this decision were Kenneth F. Seibel, Chairman, Paul M. Greenberger, D. John Travis, Dennis Murray, Sr., and John W. Waddy, Jr.

On June 10, 1992, the parties filed a joint "Stipulations of Facts and Waiver of Notice of Hearing." Therefore, the parties and their counsel did not appear at the hearing and the board had before it the complaint and stipulations, respondent not having filed an answer.

Portions of the stipulations read as follows:

"2. Respondent [Thomas P. Slavin] is not now, and never has been, licensed or otherwise authorized to practice law in the State of Ohio or any other State.

"3. Respondent did, however, receive a J.D. degree from Cleveland Marshall College of Law in 1970. He has never passed the Ohio Bar examination or the bar examination of any other state.

"4. Respondent has prepared legal documents and offered legal advice and consultation on matters pertaining to leasing of real property for Deborah and William Ray.

"5. Exhibits 'A' through 'C' hereto, which are also Exhibits 'A' through 'C' to the Complaint herein, are true copies of documents originated by Respondent that accurately reflect his activities on behalf of Deborah and William Ray.

"6. Respondent has prepared legal documents and offered legal advice and consultation on matters pertaining to the leasing of real property for other persons and entities.

"7. Respondent has derived fees and income from his preparation of legal documents and legal advice and consultation on behalf of Deborah and William Ray and on behalf of other persons and entities.

"8. The practices and conduct engaged in by Respondent with respect to Deborah and William Ray, specifically, and also with respect to others are acknowledged and agreed to constitute the improper and unauthorized practice of law and to be in violation of Chapter 4705 of the Ohio Revised Code, together with controlling decisions of the Ohio Supreme Court and of this Board."

These stipulations and the attachments thereto indicate that respondent was engaged in the business of negotiating the leasing of real property for others. Correspondence from Slavin to Deborah and William Ray leaves no doubt that respondent was purporting to sell "legal services" to them. Exhibit A attached to the stipulations, a March 26, 1991 letter, stated that "Ten hours of...