Cleveland Metro. Bar Assn. v. Carson

Citations

• 174 Ohio St. 3d 110
• 234 N.E.3d 416
• 2023 Ohio 4036

Syllabus

Unauthorized practice of law (\UPL\)—Under Gov.Bar R. VII(12)(G), in a default UPL proceeding, there must be sufficient \sworn\ or certified documentary evidence submitted with default motion for trier of fact to find that each element of charged offense, in absence of contradictory evidence, has been proved by preponderance of evidence—For purposes of Gov.Bar R. VII(12)(G), \sworn\ means that the evidence is based on personal knowledge of the facts being relayed, sets forth such facts as would be admissible into evidence, and shows that affiant is competent to testify to matters stated—Respondent engaged in UPL by holding himself out as an attorney on return of service for four subpoenas—Relator failed to present sworn or certified documentary prima facie evidence regarding relator's other alleged conduct—Permanent injunction issued and civil penalty imposed in connection with first of two charged counts.