Wayne Cty. Bar Assn. v. Naumoff, No. 95-2179

CourtUnited States State Supreme Court of Ohio
Writing for the CourtPER CURIAM; MOYER; DOUGLAS; RESNICK
Citation660 N.E.2d 1177,74 Ohio St.3d 637
PartiesWAYNE COUNTY BAR ASSOCIATION v. NAUMOFF.
Decision Date28 February 1996
Docket NumberNo. 95-2179

Page 637

74 Ohio St.3d 637
660 N.E.2d 1177
WAYNE COUNTY BAR ASSOCIATION

v.
NAUMOFF.
No. 95-2179.
Supreme Court of Ohio.
Submitted Dec. 6, 1995.
Decided Feb. 28, 1996.

Robert N. Gluck, Wooster, and G. Kenneth Barnard, for relator.

Timothy J. Truby, Akron, for respondent.

PER CURIAM.

After reviewing the record, we adopt the board's findings and conclusions. However, we note that we publicly reprimanded respondent on October 16, 1991, for charging an excessive fee. We, therefore, impose an actual suspension of six months on respondent and tax costs to him.

Judgment accordingly.

MOYER, C.J., and WRIGHT, FRANCIS E. SWEENEY, Sr., PFEIFER and COOK, JJ., concur.

DOUGLAS and RESNICK, JJ., dissent.

DOUGLAS, Justice, dissenting.

I would adopt the penalty as recommended by the board. Because the majority does not do so, I respectfully dissent.

RESNICK, J., concurs in the foregoing dissenting opinion.

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7 practice notes
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...with the client, forwarded the documents to the non- attorney for the client to execute. See Wayne County Bar Ass'n. v. Naumoff, 660 N.E.2d 1177 (Ohio 1996). In another case, an attorney agreed to accept referrals from non-attorneys who marketed, through free seminars, living trusts as esta......
  • Part II
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...with the client, forwarded the documents to the non- attorney for the client to execute. See Wayne County Bar Ass'n. v. Naumoff, 660 N.E.2d 1177 (Ohio 1996). In another case, an attorney agreed to accept referrals from non-attorneys who marketed, through free seminars, living trusts as esta......
  • Mid-America Living Trust Associates, Inc., In re, MID-AMERICA
    • United States
    • United States State Supreme Court of Missouri
    • August 20, 1996
    ...by non-lawyers, courts have found attorneys have aided in the unauthorized practice of law. Wayne County Bar Ass'n v. Naumoff, 74 Ohio St.3d 637, 660 N.E.2d 1177, 1178 (1996); Baker, 492 N.W.2d at 702. Lawyers that review trust documents drafted by non-lawyers also have aided in the illegal......
  • Office of Disciplinary Counsel v. Pavlik, No. 00-400.
    • United States
    • United States State Supreme Court of Ohio
    • August 16, 2000
    ...from a violation of DR 3-101(A)—the same violation that respondent has stipulated to here. Wayne Cty. Bar Assn. v. Naumoff (1996), 74 Ohio St.3d 637, 639, 660 N.E.2d 1177, 1178. But we find Naumoff distinguishable because Naumoff's prior disciplinary record affected the sanction. Respondent......
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5 cases
  • Mid-America Living Trust Associates, Inc., In re, MID-AMERICA
    • United States
    • United States State Supreme Court of Missouri
    • August 20, 1996
    ...by non-lawyers, courts have found attorneys have aided in the unauthorized practice of law. Wayne County Bar Ass'n v. Naumoff, 74 Ohio St.3d 637, 660 N.E.2d 1177, 1178 (1996); Baker, 492 N.W.2d at 702. Lawyers that review trust documents drafted by non-lawyers also have aided in the illegal......
  • Office of Disciplinary Counsel v. Pavlik, No. 00-400.
    • United States
    • United States State Supreme Court of Ohio
    • August 16, 2000
    ...from a violation of DR 3-101(A)—the same violation that respondent has stipulated to here. Wayne Cty. Bar Assn. v. Naumoff (1996), 74 Ohio St.3d 637, 639, 660 N.E.2d 1177, 1178. But we find Naumoff distinguishable because Naumoff's prior disciplinary record affected the sanction. Respondent......
  • Columbus Bar Assn. v. Culbreath, No. 99-1894.
    • United States
    • United States State Supreme Court of Ohio
    • March 22, 2000
    ...violations of DR 3-101(A) when those violations were aggravated by other factors. See, e.g., Wayne Cty. Bar Assn. v. Naumoff (1996), 74 Ohio St.3d 637, 660 N.E.2d 1177; Cincinnati Bar Assn. v. Fehler-Schultz (1992), 64 Ohio St.3d 452, 597 N.E.2d 79. See, also, In re Parker (1998), 241 A.D.2......
  • Cleveland Bar Assn. v. Nosan, No. 2005-1184.
    • United States
    • United States State Supreme Court of Ohio
    • February 1, 2006
    ...the suspension stayed on the condition that he repay Edmund $425. The board relied in part on Wayne Cty. Bar Assn. v. Naumoff (1996), 74 Ohio St.3d 637, 660 N.E.2d 1177, in which we suspended a lawyer's license for six months because he advised clients about their estate-planning options, w......
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