Fined And Enjoined For Unauthorized Practice
The Ohio Supreme Court has fined and enjoined further unauthorized law practice of a Cincinatti woman who had held herself out as an attorney.
The enjoined individual has never held a law license. She provided immigration representation to a client.
Kathleen Maloney reported
In today’s unanimous per curiam decision, the court noted that federal law allows nonlawyers to represent people in immigration hearings in some specific and limited circumstances. However, the court pointed out, those exceptions do not apply here because Hernandez falsely presented herself as an attorney.
In determining the appropriate sanction, the court looked at several factors, including Hernandez’ failure to cooperate with the Office of Disciplinary Counsel’s investigation or respond to the complaint filed against her. The court also examined the flagrancy of her violations and the harm she caused to third parties.
“[Hernandez] falsely claimed to have personal relationships with real federal employees, forged letters that purported to be from the immigration judge presiding over Galan-Rubio’s case, and alleged that they were her coconspirators, willing to engage in ex parte communications and accept bribes in exchange for a favorable outcome in a pending case,” the opinion stated. The reputations of those federal employees were damaged by her actions, and they were investigated by a federal agency, the court added.
“Hernandez’ fraud … also preyed on vulnerable, unwitting victims who are unfamiliar with the immigration process and who may be accustomed to the practice of bribing government officials to obtain favorable results in their countries of origin. The consequences of such schemes are enormous.”
In this case, Galan-Rubio paid Hernandez $2,050, and the federal office investigating the matter gave him $600 to pay her during their inquiry. Galan-Rubio’s attorney also said if he had not shown up for his March hearing, he may have been deported and unable to return to the United States for 10 years.
“Because Hernandez failed to cooperate in the [UPL] proceedings, there is no way to know how many others may have fallen victim to her scheme,” the court noted.
The court imposed the maximum $10,000 penalty for Hernandez’ handling of Galan-Rubio’s matter and a $5,000 penalty for advertising legal services on her business cards. The court did not order restitution at this time, but explained that state law allows a victim of the unauthorized practice of law to sue the nonlawyer directly to recover fees and damages.
(Mike Frisch)