November 2012 CBA REPORT
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
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)
7 Prof. Cond. Rule 5.5(b)(1)(2)
Cincinnati Bar Association v. Foreclosure Solutions, L.L.C., et
, 123 Ohio St.3d 107 (2009), 2009-Ohio-4174
Cincinnati Bar Association v. Sershion, et al.,
124 Ohio St.3d
10 Advisory Opinion UPL 2008-03
Gustafson v.V.C.Taylor & Sons, Inc.
, 138 Ohio St. 392
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