Premium Essay

Can a Private Cause of Action Exists Against a Non Lawyer Who Committed the Unauthorized Practice of Law Thereby Hurting the Plaintiff's Case?

In:

Submitted By SLKinney
Words 1840
Pages 8
Summary of Facts

Mildred, our client, applied for a mortgage loan at Erie Bank located in Lakewood, Ohio. Mildred had a conversation with an employee of the bank, identified as Dan, who is a trained paralegal. Mildred told Dan that she was concerned that were she to default on her loan, her credit would be destroyed.
In response, Dan told her:
Don’t worry about it. If you don’t pay your loan, the only remedy the bank has is to foreclose on the house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter.

Unfortunately, it turns out that Dan was incorrect. When Mary defaults on her loan the next year, her credit is badly hurt.
Mildred has engaged our firm to evaluate the possibility of filing a suit against Dan based on his statement to her and her reliance on it. She met with attorney, Joe, who immediately ruled out the possibility of suing him for fraud or misrepresentation, because Dan sincerely believed that what he was saying was true. Instead, Mary said to Joe, “Well, Dan isn’t a lawyer. Isn’t it wrong for him to tell me what the Ohio law is when he’s not even a lawyer?” Joe advised Mildred that this firm would research whether a person could be sued for unauthorized practice of law.

Issue
Based upon Ohio law, can a private cause of action exists against a non lawyer who committed the unauthorized practice of law thereby hurting the plaintiff's case?

Rule

Ohio Statute ORC 4705.07(A)(3) & (C)(2)

A) No person who is not licensed to practice law in this state shall do any of the following:
(3) Commit any act that is prohibited by the supreme court as being the unauthorized practice of law.
(C) (2) Any person who is damaged by another person who commits a violation of division (A)(3) of this section may

Similar Documents

Premium Essay

Business Law

...Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1.      The stability and predictability of the law is essential to business activities. B1.      An important function of the law is to provide jurisprudence. A2.      Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2.      How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3.      The basis for the U.S. legal system is natural law. B3.      A judge’s view of the law is of little importance in a common law legal system. A4.      Constitutional law includes only the U.S. Constitution. B4.      Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5.      A state constitution is supreme within the state’s borders. B5.      The U.S. Constitution is the supreme law of the United States. A6.      Whether a law is constitutional depends on its source. B6.      Each state has its own constitution. A7.      Uniform laws apply in all states, including those in which the laws have not been adopted. B7.      The Federal Trade Commission developed the Uniform Commercial Code. A8.      A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8.      State agency regulations take precedence over conflicting federal...

Words: 47497 - Pages: 190

Premium Essay

Corporation (Fisch) Outline Penn Law

...) INTRODUCTORY PRINCIPLES 2 A.) Efficiency and Other Concepts 2 B.) Agency and Partnership Law 2 II.) INTRODUCTION TO THE CORPORATE FORM 16 A.) Formation and Structure 16 B.) Debt, Equity, and Valuation 22 III.) CONTROL OF CORPORATE DECISIONS 32 A.) The Role of the Shareholder 32 B.) Management Obligations 50 1.) Duty of Care 51 2.) Duty of Loyalty 56 3.) Duty of Fairness: Parent-Subsidiary Relationships 63 4.) Duty of Good Faith 64 5.) Management Obligations Under Federal Securities Laws 67 C.) Shareholder Litigation 76 IV.) Structural Changes 85 A.) Transactions in Control 85 B.) Mergers and Acquisitions 86 1.) Mergers 87 2.) Sale of Assets 93 3.) Asset Purchase or Tender Offer 94 C.) Public Control Contests 96 1.) The Poison Pill 100 2.) Enhanced Review When Business is Up for Sale 103 3.) Proxy Contests for Corporate Control 106 4.) Protecting the Deal: Shareholder Lockup Agreements 109 I.) INTRODUCTORY PRINCIPLES • Definitions o Corporate Law: The allocation of rights and power within a corporation; the internal body of law ▪ Addresses the creation of economic wealth through the facilitation of voluntary, ongoing collective action ▪ Flexible- expectation that market discipline will weed out what is not working ▪ Principle aim- reduce agency costs of all sorts o Securities Law: Regulates capital markets that corporations use to obtain funding o Firm: A form of...

Words: 62796 - Pages: 252

Premium Essay

Paper

...Management of Information Security Third Edition This page intentionally left blank Management of Information Security Third Edition Michael Whitman, Ph.D., CISM, CISSP Herbert Mattord, M.B.A., CISM, CISSP Kennesaw State University ———————————————————————— Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Management of Information Security, Third Edition Michael E. Whitman and Herbert J. Mattord Vice President, Career and Professional Editorial: Dave Garza Executive Editor: Stephen Helba Managing Editor: Marah Bellegarde Product Manager: Natalie Pashoukos Developmental Editor: Lynne Raughley Editorial Assistant: Meghan Orvis Vice President, Career and Professional Marketing: Jennifer McAvey Marketing Director: Deborah S. Yarnell Senior Marketing Manager: Erin Coffin Marketing Coordinator: Shanna Gibbs Production Director: Carolyn Miller Production Manager: Andrew Crouth Senior Content Project Manager: Andrea Majot Senior Art Director: Jack Pendleton Cover illustration: Image copyright 2009. Used under license from Shutterstock.com Production Technology Analyst: Tom Stover © 2010 Course Technology, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information...

Words: 229697 - Pages: 919

Premium Essay

A Guide to Forensic Accounting Investigation

...A GUIDE TO FORENSIC ACCOUNTING INVESTIGATION THOMAS W. GOLDEN, STEVEN L. SKALAK, AND MONA M. CLAYTON JOHN WILEY & SONS, INC. A GUIDE TO FORENSIC ACCOUNTING INVESTIGATION THOMAS W. GOLDEN, STEVEN L. SKALAK, AND MONA M. CLAYTON JOHN WILEY & SONS, INC. This book is printed on acid-free paper. Copyright © 2006 by PricewaterhouseCoopers LLP. PricewaterhouseCoopers refers to the individual member firms of the worldwide PricewaterhouseCoopers organization. All rights reserved. Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400, fax 978-646-8600, or on the Web at www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, 201-748-6011, fax 201-748-6008, or online at http://www.wiley.com/go/permissions. Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this...

Words: 246885 - Pages: 988

Free Essay

Living History

...I spent in the White House living history with Bill Clinton. I quickly realized that I couldn’t explain my life as First Lady without going back to the beginning―how I became the woman I was that first day I walked into the White House on January 20, 1993, to take on a new role and experiences that would test and transform me in unexpected ways. By the time I crossed the threshold of the White House, I had been shaped by my family upbringing, education, religious faith and all that I had learned before―as the daughter of a staunch conservative father and a more liberal mother, a student activist, an advocate for children, a lawyer, Bill’s wife and Chelsea’s mom. For each chapter, there were more ideas I wanted to discuss than space allowed; more people to include than could be named; more places visited than could be described. If I mentioned everybody who has impressed, inspired, taught, influenced and helped me along the way, this book would be several volumes long. Although I’ve had to be selec- tive, I hope that I’ve conveyed the push and pull of events and relationships that affected me and continue to shape and enrich my world today. Since leaving the White House I have embarked on a new phase of my life...

Words: 217937 - Pages: 872

Premium Essay

Management Skills, Leadership Skills.

...DuPage BUSINESS IN ACTION 3rd Edition COURTLAND L. BOVEE JOHN V. THILL & BARBARA E. SCHATZMAN Introduction This Instructor’s Manual brings together a set of completely integrated support materials designed to save instructors the trouble of finding and assembling the resources available for each chapter of the text. 1. Course Planning Guide Included in the guide are suggestions for course design, classroom activities, and supplemental teaching aids. 2. Learning Objectives and Summary of Learning Objectives For each chapter, learning objectives and the summary of the learning objectives are listed. 3. Brief Chapter Outlines For each chapter, a brief chapter outline is provided. 4. Lecture Notes and Chapter Outlines For each chapter, a comprehensive outline is provided, as well as a variety of stimulating lecture enrichment materials. 5. Real-World Cases At least two real-world cases related to chapter material are included for each chapter. 6. Answers to End-of-Chapter Questions Answers to the end-of-chapter questions are provided, as well as suggested teaching tips when appropriate. 7. Answers to See It on the Web Exercises Following the end-of-chapter questions, answers to the See It on the Web Exercises can be found, along with tips for the instructor. Answers to Boxed Features In each chapter, students are presented with at least two supplemental “boxes,” both containing questions about the material discussed. Answers to these questions can be found following the...

Words: 156200 - Pages: 625

Premium Essay

Management Information Systems

...Technology in Theory • Aksoy, DeNardis Office Applications in Business Problem-Solving Cases in Microsoft Access & Excel, Sixth Annual Edition • Brady, Monk Succeeding in Business Applications with Microsoft Office 2007 • Bast, Gross, Akaiwa, Flynn, et.al Succeeding in Business with Microsoft Office Excel 2007 • Gross, Akaiwa, Nordquist Succeeding in Business with Microsoft Office Access 2007 • Bast, Cygman, Flynn, Tidwell Databases Database Systems, Eighth Edition • Rob, Coronel Concepts of Database Management, Sixth Edition • Pratt, Adamski Data Modeling and Database Design • Umanath, Scamell A Guide to SQL, Seventh Edition • Pratt A Guide to MySQL • Pratt, Last Guide to Oracle 10g • Morrison, Morrison, Conrad Oracle 10g Titles Oracle9i Titles Enterprise Resource Planning Concepts in Enterprise Resource Planning, Third Edition • Monk, Wagner Data Communications Data Communications and Computer Networks: A Business User’s Approach, Fourth Edition • White Systems Analysis and Design Systems Analysis and Design in a Changing World, Fifth Edition • Satzinger, Jackson, Burd Object-Oriented Analysis and Design with the Unified Process • Satzinger, Jackson, Burd Systems Analysis and Design for the Small Enterprise, Third Edition • Harris Security Management of Information Security, Second Edition • Whitman, Mattord Principles of Information Security, Third Edition • Whitman, Mattord Readings and Cases in the Management of Information Security • Whitman, Mattord Hands-On Information Security...

Words: 223685 - Pages: 895