In re Application of Jones

Lawyer who is licensed in Kentucky, who has an office in Kentucky, and who is working only on matters before Kentucky courts makes fateful decision to work from her firm’s office just over the river in Ohio (while her application for admission in Ohio is pending). Unauthorized practice of law? Yes, says the Ohio Board of Commissioners on Character and Fitness. No, says a majority of the Ohio Supreme Court, because Rule 5.5 allows “temporary” practice. Yes, says the concurrence (because this is not temporary practice), but Rule 5.5 is an unconstitutional (state and federal) restriction on the lawyer’s right to pursue her chosen profession.

Tags: 2018, Economic Liberty, Ohio Supreme Court, Professional Responsibility

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