KENNETH F. SEIBEL, Chairman.
This matter came before the Board of Commissioners on the Unauthorized Practice of Law for hearing on August 21, 1991. Members of the board present and participating in this decision were Kenneth F. Seibel, Chairman, Santiago Feliciano, Jr., Paul M. Greenberger, Jeffrey L. Maloon, and John W. Waddy, Jr. D. John Travis recused himself from consideration of this case since he was the chairman of the relator's committee on the unauthorized practice of law when that committee originally considered this matter.
On August 12, 1991, the parties filed a joint "Stipulation of Facts and Waiver of Notice." Therefore, the parties and their counsel did not appear at the hearing and the board had before it the complaint, answer, and stipulation.
The parties stipulated that respondent, Kathleen A. Scali:
1. is not an attorney licensed to practice law;
2. prepared legal documents, offered legal advice, and performed legal services in estate planning, preparation of a will, and probate of the estate of Jack G. Long of Cleveland, Ohio;
3. pleaded guilty to an information filed in the Cuyahoga County Common Pleas Court, alleging that she forged a court pleading "so that it purported to be genuine, when it was actually spurious," and was sentenced to prison; and
4. derived income from these activities.
Paragraph 7 of the stipulation of the parties reads as follows:
"7) If this Board authorized the institution of an action, the parties will stipulate to a consent decree enjoining the Respondent from conduct constituting the unauthorized practice of law and specifically making clear that she is free to work as a legal secretary or paralegal for, and under the direct and responsible supervision of, a lawyer or lawyers duly admitted to practice law in, and in good standing in Ohio, provided that once every year for a period of five years from the entry of such consent decree, Respondent notifies Relator in writing regarding the name, address and telephone number of each person for whom she has been employed for that year and the nature of such employment."
After careful review of the pleadings and stipulation, it is the conclusion of the board, and the board so finds, to the extent required by Gov. Bar R. VII, that respondent engaged in the unauthorized practice of law by the preparation of legal documents, giving of legal advice, and performance of legal services in estate planning for and preparation of the will of Jack G. Long, and in the administration of his estate.
The board therefore authorizes relator Cleveland Bar Association to commence an action in a court of competent jurisdiction for the purpose of obtaining a judicial determination whether respondent Kathleen A. Scali has engaged in the unauthorized practice of law.
Nothing herein shall constitute approval of the consent decree as proposed in Paragraph 7 of the stipulation of the parties. The board views respondent's conduct as an egregious violation of the laws of this state and the rules regulating the unauthorized practice of law. The board does not approve of any consent decree that would sanction respondent's conduct or future employment.
Relator shall notify the secretary of the board of all subsequent proceedings in this matter and shall send the secretary a copy of any judgment, order, or settlement agreement filed in a subsequent court proceeding.
Pursuant to Gov. Bar R. VII(9), relator may seek reimbursement from the board for expenses and attorney fees incurred in the further prosecution of this matter.
A copy of this opinion and order shall be served upon relator, respondent, all counsel of record, Disciplinary Counsel, and the Ohio State Bar Association.
So ordered.