Unauthorized Practice of Law

Published on December 17, 2019

The Supreme Court of Ohio states "those who hold themselves out to be attorneys, or who more commonly, provide legal advice or engage in legal services though they are not licensed or trained to do so" are engaged in the unauthorized practice of law. Unauthorized practice of law is a misdemeanor and can become a felony depending on the specific facts of each incident.

What is a Licensed Attorney?

A licensed attorney is someone who has graduated from law school, passed the Ohio bar exam, and remains registered as "active" with the Supreme Court of Ohio.

What can and can't I do if I'm not a Licensed Attorney?

You can:

• Help someone else understand how the court works
• Accompany someone to court for practical and emotional support
• Help someone look up their case to find hearing dates and information
• Help someone who is unable to read or write fill out forms for court
• File documents for someone (so long as that person has completed and signed off on the documents)

You cannot:

• Speak on behalf of someone else in court.
• Submit documents or filings on behalf of someone else
• Collect payment for helping someone else with legal matters
• Tell someone else what to write when helping them fill out legal forms or motions (provide legal advice)
• Tell someone you're an attorney or otherwise able to represent them in court

Why can't I file documents with the court on behalf of my business?

When you register a business with the State of Ohio, it becomes its own legal entity, which means it's a person by law. Because of this, you cannot represent, file motions, or speak on behalf of the business because you are not a licensed attorney. Even though you may be the sole owner of the business, it is still considered another person by law.

What is Power of Attorney?

Power of Attorney (POA) is a legal document that allows you to appoint someone else to handle your affairs should you become incompetent. Despite its name, it does not actually give you the authority to practice law or represent someone in court unless you are also a licensed attorney.

Still have questions? Visit the Self Help Resource Center Monday - Friday, 9 AM - 3 PM.