cbaReport-Nov12 - page 9

November 2012 CBA REPORT
l
9
feature article
unauthorized practice of law is brought
before the UPL committee, it is evaluated
preliminarily and, if determined to be a
potential violation of UPL law, it is as-
signed to a member of the committee for
investigation. Investigations begin with
notification to the alleged violator and
inquiry into the facts and circumstances
of the pending investigation. Many
investigations conclude without a referral
for a formal complaint, as UPL is not
established or has otherwise been iso-
lated and abated. In other circumstances,
agreements are sought with the violators
to admit wrongdoing, cease conduct and
consent to a recommended resolution. In
instances where individuals have been
harmed by the violation, the committee
seeks a return of funds paid to the viola-
tor and usually recommends imposition
of a financial penalty to the Supreme
Court Board.
Members of the bar who are con-
cerned about a possible UPL violation
may direct a complaint to Maria Pal-
ermo, Assistant Counsel at the CBA.
Concerned bar members may also direct
general inquiry to the committee in the
event that a particular circumstance is
not certain to concern the unauthorized
practice of law or a violation is not clearly
established. The committee meets regu-
larly and evaluates potential new matters
as they are raised. Questions or requests
for further information about the Com-
mittee can be directed to Maria Palermo
or to the committee chair.
Napolitano is a long standing member of the UPL
Committee and currently serves as vice chair.
1 Gov. Bar R.VII(2)(A)
2 Gov. Bar R. 2(A)(1)
3 O.R.C. 4705.07(C)(2)
4 Prof. Cond. Rule 5.5(a)
5
Id
.
6
Id
.
7 Prof. Cond. Rule 5.5(b)(1)(2)
8
Cincinnati Bar Association v. Foreclosure Solutions, L.L.C., et
al.
, 123 Ohio St.3d 107 (2009), 2009-Ohio-4174
9
Cincinnati Bar Association v. Sershion, et al.,
124 Ohio St.3d
107(2010), 2010-Ohio-3803
10 Advisory Opinion UPL 2008-03
11
Gustafson v.V.C.Taylor & Sons, Inc.
, 138 Ohio St. 392
(1949)
L e a v e a l e ga c y o f
hope
,
s e c u r e a b r i g h t
f uture
.
Encourage your clients to bring hope where there is despair,
love where there is loneliness and faith where there is emptiness.
To learn more about legacy gift opportunities with
The Society of St. Vincent de Paul contact Karen Williams,
Director of Development, at 513-562-8841 ext. 225.
The CBA’s LRS refers
more than 15,000 clients
a year from the public.
Some of those clients
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Find out more at
or
by contacting Jamie
Shiverdecker at
or at
(513) 699-4013.
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