In order to be called a lawyer in OH...

[dnooman]

…you need to pass the bar right?

I thought so. I asked this question in this thread, but apparently that’s not enough. I need an Ohio specific statement that clearly states that one is not a lawyer in the state of Ohio if one has not passed the bar, if in fact that is the law. (I’m sure it is.)

My searches only come up with OH AG Jim Petro sites that are of no use, and other laws and regulations that are not specific to OH.

I’d really love to bury this hatchet. Please help. Thanks.

[ENugent]

Ohio lawyers are regulated by the Ohio Supreme Court. The rules for who may practice law in Ohio are referenced here (see Section 2).

FYI, I found this information by googling “Ohio bar association,” where I learned from a FAQ that the bar association in OH is voluntary, and that licensing is handled by the Supreme Court.

[dnooman]

@ENugent

Ohio lawyers are regulated by the Ohio Supreme Court. The rules for who may practice law in Ohio are referenced here (see Section 2).

FYI, I found this information by googling “Ohio bar association,” where I learned from a FAQ that the bar association in OH is voluntary, and that licensing is handled by the Supreme Court.

Great resource, but it doesn’t give me a concrete definition of what constitutes a “lawyer” in the state of Ohio.

Dictionarys say that a lawyer is one whose profession is practicing law, which means that one needs to be licensed in order to call oneself a lawyer, this is enough for me. I’d love to have a section of legalese that states such in very few, concise words though.

Maybe I’m reaching at straws here, I know I’m right, I just need an exemplar that proves my point.

If having a JD makes you a lawyer, show me the proof. If calling oneself a lawyer takes more than just a JD, please prove that to me.

The rules have to be out there, I just can’t find 'em.

[Doctor_Who]

Seems to me like ENugent’s cite is dead on. Here:

RULE I. ADMISSION TO THE PRACTICE OF LAW

Section 1. General Requirements.

To be admitted to the practice of law in Ohio, an applicant shall:

(A) be at least 21 years of age;

(B) have earned a bachelor’s degree from an accredited college or university:

(1) prior to admission to law school;

(2) subsequent to admission to law school, through completion of courses and credits other than those received in law school, if the applicant has made a record of academic achievement that is satisfactory to the Court and receives Court approval; or

(3) from participation in a joint bachelor’s/law degree program that has been reviewed and approved by the Court, requires at least seven years of full-time study, and results in the award of both a bachelor’s degree and a law degree;

© have earned a J.D. or an L.L.B. degree from a law school that was approved by the American Bar Association at the time the degree was earned or, if not located in the United States, from a law school evaluated and approved in accordance with Division © of Section 2 or Division ©(13) of Section 9 of this Rule;

(D) prior to taking the Ohio bar examination or being admitted without examination pursuant to Section 9 of this Rule, have demonstrated that the applicant possesses the requisite character, fitness, and moral qualifications for admission to the practice of law and have been approved as to character, fitness, and moral qualifications under procedures provided in this Rule;

(E) have passed both the Ohio bar examination and the Multistate Professional Responsibility Examination, or have been approved for admission without examination pursuant to Section 9 of this Rule; and

(F) have taken the oath of office pursuant to Division (A) of Section 8 of this Rule.

A lawyer is someone who practices law. To practice law in the State of Ohio (as listed in this code) you must:

• be 21
• have a bachelor’s degree
• get your JD or LLB
• pass your moral character application
• pass the Ohio Bar and the Multistate (or waive in)
• get sworn in

If you haven’t done all of these things, you’re not a lawyer in Ohio. Please note that passing the bar (or waiving in) is a requirement.

• Peter Wiggen

[Doctor_Who]

Also - if you’re just trying to prove a point - like telling some drinking buddy with a JD that he/she’s not a lawyer, then it’s even easier.

Go to the the Supreme Court of Ohio’s website. Click on attorney directory. Type in their name.

If it comes up - they’re a lawyer. If not, well.

• Peter Wiggen

[DSYoungEsq]

Actually, Peter, what you are saying is technically not correct.

A lawyer is someone who is a practicioner of law. You can be a lawyer in Ohio without being admitted to the Ohio bar. For example, you might be practicing in federal court only, without having attempted to obtain permission from the Ohio Supreme Court to practice in the courts of the state.

You might also be practicing in Michigan, living in Ohio.

You might also be engaging in the unauthorized practice of law.

Anyone can say they are a lawyer, though there are attendant risks from doing so without authorization to practice the law.

By contrast, if you are admitted to practice before the courts of the State of Ohio by the Supreme Court of that state, you are an “attorney at law.” You are an official officer of the Ohio court system, and have the authorization to practice before the courts legally. You can engage in all the functions of a lawyer, such as giving advice, representing in court, etc.

So, by example, I am a lawyer, and I live in Ohio. I am not an attorney in Ohio, because I’m not admitted to the bar here. I am an attorney in California where I am admitted to the bar.

I’m not certain exactly what the OP wants to “prove.” If the point is to prove you can’t practice law in Ohio without permission from the Ohio Supreme Court, that is true, with the caveat that you can practice before the federal courts here without Ohio’s permission. However, to get federal permission, you have to have obtained the permission of SOME state at some point in time; I was sworn to practice before the federal courts in California at the same proceding where I was sworn in to practice before California’s courts. If I wanted the federal districts in Ohio to allow me to practice, I’d have to ask them for permission to do so.

It should be noted that you don’t have to pass the bar exam in Ohio to become admitted. If you are admitted in another state, if you have been actively practicing law for 5 out of the last 10 years, and if you have a relatively clean record, you can petition the Supreme Court here for permission to practice without taking the exam. It forces you to undergo the same background check as if you were taking the exam, and it does require that you have been admitted in another state, and I’m not sure there are any states any more that don’t have some flavor of bar exam.

Hope that helps someone.

[Gfactor]

Use of the term “lawyer” by someone not licensed as described above is prohibited by this Ohio statute:

§ 4705.07. False representation as attorney.
(A) No person who is not licensed to practice law in this state shall do any of the following:

(1) Hold that person out in any manner as an attorney at law;

(2) Represent that person orally or in writing, directly or indirectly, as being authorized to practice law;

(3) Commit any act that is prohibited by the supreme court as being the unauthorized practice of law.

(B) (1) The use of “lawyer,” “attorney at law,” “counselor at law,” “law,” “law office,” or other equivalent words** by any person who is not licensed to practice law, in connection with that person’s own name, or any sign, advertisement, card, letterhead, circular, or other writing, document, or design, the evident purpose of which is to induce others to believe that person to be an attorney, constitutes holding out within the meaning of division (A)(1) of this section. **

(Emphasis added.)

http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/20e65/21016/2103e?fn=document-frame.htm&f=templates&2.0#

Most states have a similar statute hidden away in their statutes.

[Gfactor]

@DSYoungEsq

A lawyer is someone who is a practicioner of law. You can be a lawyer in Ohio without being admitted to the Ohio bar. For example, you might be practicing in federal court only, without having attempted to obtain permission from the Ohio Supreme Court to practice in the courts of the state.

Actually, you can get admitted in the Northern District as a member of *any *state bar. In the Southern District, you have to admitted to practice law in Ohio, *and *pass an exam.

See Local Rules, Southern District Rule 83.3(pdf)

[Gfactor]

Another Ohio statute on attorney admission and practice of law.

§ 4705.01. Practice of law; prohibitions.

No person shall be permitted to practice as an attorney and counselor at law, or to commence, conduct, or defend any action or proceeding in which the person is not a party concerned, either by using or subscribing the person’s own name, or the name of another person, unless the person has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules. Except as provided in section 4705.09 of the Revised Code or in rules adopted by the supreme court, admission to the bar shall entitle the person to practice before any court or administrative tribunal without further qualification or license.

http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/20e65/21016/21018?fn=document-frame.htm&f=templates&2.0#

@DSYoungEsq

So, by example, I am a lawyer, and I live in Ohio. I am not an attorney in Ohio, because I’m not admitted to the bar here. I am an attorney in California where I am admitted to the bar.

I did not know that. I did the same thing in Vegas, actually. Ran a law office. Managed cases. Drafted documents. But didn’t give clients advice, appear in court, or sign anything. When I had contact with other lawyers on Nevada matters, I was very careful to explain that I was acting as a legal assistant (even though I was licensed in two other states) and that if they wanted to talk about the merits of the case, I would have the lawyer call them back. They usually wanted to discuss the case with me anyway, but I would decline.

[Bricker]

@Gfactor

Another Ohio statute on attorney admission and practice of law.

http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/20e65/21016/21018?fn=document-frame.htm&f=templates&2.0#

No provision for admission pro hac vice?

[Gfactor]

@Bricker

No provision for admission pro hac vice?

http://www.sconet.state.oh.us/rod/newpdf/0/2001/2001-Ohio-1303.pdf (pdf) (pro hac vice allowed as long as it is an “isolated occurrence” of limited duration) citing Gov.Bar R. I(9)(H) (“This Division does not apply to participation by an attorney not yet admitted to practice in Ohio in a cause being litigated in the State when such participation is with leave of the judge hearing such cause.”)