Dworken v. Cleveland Automobile Club

29 Ohio N.P. (n.s.) 607, 1931 Ohio Misc. LEXIS 1629
CourtCuyahoga County Common Pleas Court
DecidedMarch 14, 1931
StatusPublished
Cited by1 cases

This text of 29 Ohio N.P. (n.s.) 607 (Dworken v. Cleveland Automobile Club) is published on Counsel Stack Legal Research, covering Cuyahoga County Common Pleas Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dworken v. Cleveland Automobile Club, 29 Ohio N.P. (n.s.) 607, 1931 Ohio Misc. LEXIS 1629 (Ohio Super. Ct. 1931).

Opinion

Wolf, J.

(Of Fulton County sitting by designation.)

This is an action in which the plaintiff seeks to enjoin the defendant from engaging in the practice of law; and plaintiff says that he brings the action for the benefit of himself and all other attorneys at law who may wish to join with him, for the public and for the courts of this country.

Eighteen different attorneys-at-law have entered their appearance as attorneys ■ for plaintiff.

Plaintiff says that he is an attorney, duly admitted to practice in all of the courts of record of the State of Ohio and several of the courts of the United States, and that as such and by virtue of the franchise granted him by the Supreme Court of the State of Ohio and the United States Courts he has practiced law for a long period of time, and now maintains an office in the City of Cleveland, and has built up a large practice ;which is of great value to him.

Plaintiff says that the defendant is a corporation; that it has not the right to engage in professional business and has not the right to practice law or maintain a legal department or hire and employ attorneys to carry on the practice of law for the benefit of others.

Plaintiff further says that the defendant, for a long period of time has, illegally and in violation of law and its articles of incorporation, advertised that' it has a legal department for the use of others, and that it maintains a law department, and that it practices law by hiring attorneys to carry on the practice of law.

Plaintiff says that said advertising is for the purpose of inducing the public to become members of said corporation; that the acts of the defendant are illegal, contrary to the rights of plaintiff and all other attorneys, the public and the courts and that such acts tend to bring the legal profession, the administration of justice and law in bad repute.

Plaintiff prays that the defendant, its officers, agents, directors, trustees and attorneys may be enjoined from advertising that it maintains a legal department for the [609]*609benefit of its members and others, and from maintaining a legal department or carrying on the practice of law through itself, its officers, agents, directors, trustees or attorneys and for other relief.

The defendant filed an answer in which it admits that it is an Ohio corporation; that the plaintiff is an attorney admitted to practice law as alleged in his petition; that he has practiced law for many years and now maintains an office for the practice of law in the City of Cleveland and has built up a large practice in the legal profession, and denies all the other allegations of the petition.

The case was heard and submitted to the court. The following facts are clearly established by the evidence:

That plaintiff is an attorney at law, admitted to practice in all the courts of record of the State of Ohio, and several of the United States Courts; that he has been engaged in the practice of law for more than seventeen years; that he now maintains and has during all these years maintained an office for the practice of law in the City of Cleveland, and has built up a large legal practice which is of great value to him; that the defendant, The Cleveland Automobile Club, is a corporation organized under the laws of the State of Ohio, and formed for the purpose, among others,

“of aiding and assisting in procuring local, state and national legislation for the advancement and protection of automobile interests, maintaining and defending the rights and privileges incident to the lawful use of motor vehicles when such rights and privileges are assailed”;

that defendant’s principal office is in the City of Cleveland; that it has branch offices in Lorain, Painesville, Kent and Ravenna, Ohio; that it now has membership of more than 28,000 members; that during the year 1919 it established and has maintained since such time a legal department, the duties of which, among others, are:—

“To advise the members on any legal matters pertaining to or in connection with the operation of automobiles or other motor vehicles exclusively owned or operated by the Club members; to defend members arrested in speed [610]*610traps or arrested for technical violations of traffic laws in villages or municipalities outside of the City of Cleveland” ;

that it employs and hires attorneys at its main office in the City of Cleveland and pays them annual salaries; that these attorneys devote their entire time to he services of the defendant and defendant’s members and are not permitted to engage in the private practice of law; that these attorneys have permanent offices in the main office of the defendant in the city of Cleveland, and defendant furnishes them with all necessary clerical and stenographic assistance, stationery, books and supplies; that all expenses incident to the operation of said legal department are paid by the defendant; that the cost of maintaining said department during the year 1929 was $26,514.07; that similar departments are maintained at the branch offices of the defendant, except that the attorneys in charge of such branch offices are not required to devote their entire time to the services of the defendant and defendant’s members, but also engage in the private practice of law for their own purposes; that the defendant advertises to the public generally that its members are entitled to the services of its legal department, or as it has been called since 1929, its “Claim Department”; that a staff of competent and efficient attorneys is maintained by the defendant for the convenience of members requiring legal aid and advice and that membership in the defendant entitles members to the adjustment of automobile accident claims and assistance in all matters pertaining to the ownership and operation of automobiles; that it maintains a staff of investigators who are subject, at least in part, to the control and direction of the attorneys employed in the legal or claim department; that investigation of accidents involving property damage and personal injury is made by these investigators as well as by the attorneys employed in the legal or claim department; that accident reports and statements of witnesses are procured by and through the services of the investigators and attorneys employed in the legal or claim department; that claimants in accident cases who are members of the defendant consult these [611]

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Cite This Page — Counsel Stack

Bluebook (online)
29 Ohio N.P. (n.s.) 607, 1931 Ohio Misc. LEXIS 1629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dworken-v-cleveland-automobile-club-ohctcomplcuyaho-1931.