On August 25, 2010, the Ohio Supreme Court held that a
corporation engaged in the unauthorized practice of law by
preparing, signing, filing and pursuing affidavits of
mechanics' lien for third parties. In Ohio State Bar
Association. v. Lienguard, Inc., 2010-Ohio-3827, the Court
found that Lienguard, Inc. provided legal services without a
license to do so by furnishing mechanics' lien related
assistance for customers.
Although Lienguard did not hold its employees out as being admitted
to practice law in Ohio, it prepared affidavits for mechanics'
liens for at least two unrelated parties. The Court held that such
conduct amounts to the unauthorized practice of law in violation of
Ohio Revised Code 4705.01 and Ohio Gov. Bar R. VII(2)(A), which
subjects it to civil and criminal penalties.
Because this is a complicated area of the law, legal assistance is
often advisable. If you cannot prepare an affidavit for
mechanics' lien in house or have questions about doing so, make
sure that you consult with a qualified legal professional, not a
non-licensed third party.
Click HERE for the Supreme Court Opinion.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.