Section 10 - Interim Cease and Desist Order(A)Standard of review(1) Upon receipt of substantial, credible evidence demonstrating that an individual or entity has engaged in the unauthorized practice of law and poses a substantial threat of serious harm to the public, or upon the failure to cooperate with an investigation initiated under Section 7(C)(1) of this rule, the relator shall do both of the following: (a) Prior to filing a motion for an interim cease and desist order, make a reasonable attempt to provide the respondent with notice, which may include notice by telephone, that a motion requesting an interim order that the respondent cease and desist engaging in the unauthorized practice of law will be filed with the Supreme Court and the Board.(b) File a motion with the Court requesting that the Court order respondent to immediately cease and desist engaging in the unauthorized practice of law. The relator shall include, in its motion, proposed findings of fact, proposed conclusions of law, and other information in support of the requested order. Evidence relevant to the requested order shall be attached to or filed with the motion. The motion shall include a certificate detailing the attempts made by relator to provide advance notice to the respondent of relator's intent to file the motion. The motion also shall include a certificate of service on the respondent at the most recent address of the respondent known to the relator.(2) After the filing of a motion for an interim cease and desist order, the respondent may file a memorandum opposing the motion in accordance with the Rules of Practice of the Supreme Court of Ohio. The respondent shall attach or file with the memorandum any rebuttal evidence and simultaneously file a copy with the Board. If a memorandum in opposition to the motion is not filed, the Court shall rule on the motion pursuant to division (B) of this section.(B)Order of the Court Upon consideration of the motion required by division (A) of this section and any memorandum in opposition filed, the Court may enter an order that the respondent cease and desist engaging in the unauthorized practice of law, pending final disposition of proceedings before the Board, predicated on the conduct posing a substantial threat of serious harm to the public, or may order other action as the Court considers appropriate.
(C)Rescission or modification of the order of the Court(1) The respondent may request rescission or modification of the cease and desist order by filing a motion with the Court. The motion shall be filed within thirty days of entry of the cease and desist order, unless the respondent first obtains leave of the Court to file a motion beyond that time. The motion shall include a statement and all available evidence as to why the respondent no longer poses a substantial threat of serious harm to the public. A copy of the motion shall be served by the respondent on the relator. The relator shall have ten days from the date the motion is filed to file a response to the motion. The Court shall promptly review the motion after a response has been filed or after the time for filing a response has passed.(2) In addition to the motion allowed by division (C)(1) of this section, the respondent may file a motion requesting rescission of the interim cease and desist order, alleging that one hundred eighty days have elapsed since the entry of the order and the relator has failed to file with the Board a formal complaint predicated on the conduct that was the basis of the order. A copy of the motion shall be served by the respondent on the relator. The relator shall have ten days from the date the motion is filed to file a response to the motion. The Court shall promptly review the motion after a response has been filed or after the time for filing a response has passed.(D)Rules of Practice The Rules of Practice of the Supreme Court of Ohio shall apply to interim cease and desist proceedings filed pursuant to this section.
(E)Certified copies Upon the entry of an interim cease and desist order or an entry of rescission or modification of such order, the Clerk of the Court shall mail certified copies of the order as provided in Section 18(D) of this rule.
Amended April 27, 2021, effective 7/1/2021