Unauthorized Practice Enjoined
The Ohio Supreme Court enjoined unauthorized practice by a Pennsylvania limited liability company
Wishgard began operations in 2010 and, at that time, its business was aimed at assisting landowners to organize into groups and negotiate terms of oil and gas leases with third-party lessees. During this process, Wishgard and landowners would enter into Agreements to Market Oil and Gas Rights. The Agreement to Market Oil and Gas Rights attached to OSBA’s Complaint as Exhibit A is a true and accurate copy of a blank/sample Agreement. Pursuant to those Agreements, Wishgard negotiated oil and gas leases with third-parties on behalf of its landowner-clients. Wishgard received compensation for their services under the terms of those Agreements.
During 2010, Wishgard also held group meetings with landowners to educate them about the oil and gas leasing process and to offer their services. At certain times during those meetings, Edward Tygard, as a representative of Wishgard, held in-person meetings with landowners about potential oil and gas leases and answered specific questions about the terms of potential leases and the landowners’ potential legal rights and duties under the terms of the proposed leases.
When an investigation commenced, Wishgard oromptly stopped giving legal advice and responded to the inquiry.
The court embraced a broad definition of practicing law
The unauthorized practice of law is the rendering of legal services for another by any person not admitted to practice law in Ohio. Gov.Bar R. VII(2)(A).
The practice of law is not limited to the conduct of cases in court, but embraces advice to clients regarding their legal rights and responsibilities. Ohio State Bar Assn. v. Leingard, Inc., 126 Ohio St.3d 400, 934 N.E.2d 337 (2010); Cincinnati Bar Assn. v. Foreclosure Solutions, LLC, 123 Ohio St.3d 107, 914 N.E.2d 386 (2009); Disciplinary Counsel v. Brown, 121 Ohio St.3d 423, 905 N.E.2d 163 (2009).
The unauthorized practice of law also occurs when a nonattorney acts as an intermediary to advise, counsel, or negotiate on behalf of an individual to resolve legal claims and interests with third parties. See, Ohio State Bar Assn. v. Kolodner, 103 Ohio St.3d 504, 817 N.E.2d 25 (2004).
The matter was resolved by consent decree. (Mike Frisch)