In re Unauthorized Practice of Law in Cuyahoga County

216 N.E.2d 912, 6 Ohio Misc. 143, 35 Ohio Op. 2d 280, 1965 Ohio Misc. LEXIS 275
CourtCuyahoga County Common Pleas Court
DecidedDecember 22, 1965
DocketNo. 722206A
StatusPublished
Cited by8 cases

This text of 216 N.E.2d 912 (In re Unauthorized Practice of Law in Cuyahoga County) 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
In re Unauthorized Practice of Law in Cuyahoga County, 216 N.E.2d 912, 6 Ohio Misc. 143, 35 Ohio Op. 2d 280, 1965 Ohio Misc. LEXIS 275 (Ohio Super. Ct. 1965).

Opinion

McMahon, J.

This matter is here upon the application of the committee appointed by this court to investigate the unauthorized practice of law in Cuyahoga County, Ohio, to enjoin respondents Incorporated Consultants and Lewis O. Klivans from engaging in the practice of law. (The court finds that the respondent Incorporated Consultants is a corporation duly organized, existing and authorized to do business in the state of Ohio, with its principal place of business located in the city of Cleveland, Ohio; that the respondent Lewis O. Klivans is president and acting manager of the respondent Incorporated Consultants; that the respondent Lewis O. Klivans owns all the stock of the respondent Incorporated Consultants; that [144]*144the respondent Lewis O. Klivans is not an attorney at law and has not been licensed to practice law in the state of Ohio.

The court further finds that the respondents herein have solicited owners of promissory notes and of accounts receivable to enter into contracts with the respondent Incorporated Consultants whereby the owners of such promissory notes and accounts receivable agree to assign, transfer, turn over and to sell such promissory notes and accounts receivable to the respondent Incorporated Consultants; that the respondent Incorporated Consultants agreed to pay the owners of such promissory notes and accounts receivable as follows:

(a) In instances where monies would be collected on promissory notes and accounts receivable, where no court action by attorneys for the respondent Incorporated Consultants were had, a certain percentage of the amounts collected.

(b) In instances where monies would be collected on promissory notes and accounts receivable, where court actions were instituted by attorneys for the respondent Incorporated Consultants, a smaller percentage of the amounts collected.

(c) In instances where no monies would be collected, no compensation would be paid.

The court finds that while said contracts, attached hereto and marked Exhibits A and B, purported to provide for the purchase by the respondent Incorporated Consultants of promissory notes and accounts receivable, said contracts, in fact, did not provide for the purchase by the respondents, or either of them, of promissory notes and accounts receivable so as to transfer ownership of said items to either of them.

The court finds that said contracts are insufficient to effectuate such purpose and hereby enjoins the respondents from entering into any further contracts which employ the respondents, or either of them, to perform acts or to render services which constitute the practice of law.

The court further finds that pursuant to the provisions of said contracts, the respondents solicited and induced many owners of promissory notes and accounts receivable to go through the motions of endorsing great numbers of promissory notes and assigning great numbers of accounts receivable to the respondent Incorporated Consultants for the purpose of filing suits in its own name; that said purported endorsements of said [145]*145promissory notes and said purported assignments of said accounts receivable to the respondent, Incorporated Consultants, are insufficient to effectuate such purpose; that the respondents cause said purported endorsements and assignments to be made to create the illusion that the respondent Incorporated Consultants purchased said promissory notes and accounts receivable and is the owner of same; that said purported endorsements and assignments do not pass title to said promissory notes or accounts receivable to the respondent Incorporated Consultants.

The court further enjoins the respondents from soliciting or accepting endorsements of promissory notes and assignments of accounts receivable upon the terms set forth in said contracts for the purposes set forth in said contracts.

The court further finds that by virtue of the provisions of said contracts and by virtue of the purported endorsements of said promissory notes and the purported assignments of said promissory notes, the respondents made the following representations, to wit :

1. The respondents represented to the owners of promissory notes and accounts receivable, that by virtue of endorsements of promissory notes and assignments of accounts receivable to the respondent Incorporated Consultants on the terms set forth in said contracts and for the purposes set forth in said contracts, the respondent Incorporated Consultants could perform acts and render services which this court finds constitute the practice of law with respect to such promissory notes and accounts receivable.

2. The respondents represented to persons alleged by them to be liable for the payment of said promissory notes and accounts receivable, that the respondent Incorporated Consultants was the owner of said promissory notes and accounts receivable, and that if payment of the amounts alleged to be due on said promissory notes and accounts receivable were not made to the respondent, Incorporated Consultants, it would perform acts and render services to enforce payment of same, which this court finds constitutes the practice of law.

3. The respondents represented to courts that the respondent Incorporated Consultants was the owner of said promissory notes and accounts receivable and thereby obtained judgments on said promissory notes and said accounts receivable in favor [146]*146of the respondent Incorporated Consultants and to issue further orders, including attachments, executions, aids in execution and certificates of judgment for lien in favor of the respondent Incorporated Consultants.

The court finds that the foregoing representations should not have been made and hereby enjoins the respondents from making any of the above described representations predicated upon purported assignments where there is no transfer of ownership.

The court further finds that in connection with the promissory notes which were purportedly sold to the respondent Incorporated Consultants but which the court hereby finds were actually delivered to the respondent Incorporated Consultants for collection; and that in connection with the accounts receivable which were purportedly assigned and sold to the respondent Incorporated Consultants but which the court hereby finds were actually delivered to the respondent Incorporated Consultants for collection, both of which notes and accounts receivable were pursuant to agreements with its customers as evidenced by said Exhibits A and B, the respondents performed the following acts and rendered the following services which constitute the practice of law when performed and rendered by attorneys at law and which constitute the unauthorized practice of law when performed and rendered by persons not licensed to practice law and by corporations, to wit:

1. The respondents prepared and caused to be prepared statutory demands and caused them to be delivered to persons alleged to be liable for the payment of such promissory notes and accounts receivable.

2. The respondents prepared and caused to be prepared Military Affidavits in connection with such promissory notes and accounts receivable and caused them to be filed in various courts.

3. The respondents employed, furnished and recommended, attorneys at law to render legal services to the owners of said promissory notes and accounts receivable.

4.

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Bluebook (online)
216 N.E.2d 912, 6 Ohio Misc. 143, 35 Ohio Op. 2d 280, 1965 Ohio Misc. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-unauthorized-practice-of-law-in-cuyahoga-county-ohctcomplcuyaho-1965.