Sanction For Unauthorized Practice

From the web page of the Ohio Supreme Court:

The Supreme Court of Ohio today imposed a $20,000 civil penaltyagainst Kimberly A. Dalton of Cincinnati and Precision Land TitleAgency for engaging in the unauthorized practice of law, and issued aninjunction ordering them to desist from all future actions thatconstitute unauthorized law practice.

The Court adoptedfindings by the Board on the Unauthorized Practice of Law that: 1)Dalton, who is not an attorney, and Precision Title prepared and filedtwo real estate general warranty deeds despite the fact that thoseactions constitute the practice of law; 2) the signature of attorneyDavid B. Bennett, a former owner of the agency, was forged on one ofthe deeds; and 3) both deeds falsely indicated that they had beenprepared by Bennett.

In a 7-0 per curiam opinion, the Courtalso ordered Dalton and Precision Title to disclose to the Ohio StateBar Association and the unauthorized practice board the names andaddresses of any other agency clients whose deeds were prepared by anon-attorney, and to notify all such clients and all lenders and titleinsurance companies involved in their transactions that the deedsrecording those transactions were prepared by a person not qualified topractice law.

The Court noted that, although Dalton dissolvedPrecision Title and filed for Chapter 7 bankruptcy protection while theboard was investigating the complaint against her, federal bankruptcystatutes do not stay a legal action to enforce the Court’s regulatorypowers, and will not discharge an individual from a debt for the typeof governmental fine, penalty or forfeiture assessed by the Court intoday’s decision.

The court opinion is linked here. (Mike Frisch)