Ohio Gov. Bar. R. 8

As amended through October 29, 2024
Section 8 - Probable Cause Determinations; Appeals
(A)Probable cause determination

The certified unauthorized practice of law committee, disciplinary counsel or the Attorney General shall, upon the receipt of allegations of the unauthorized practice of law and completion of any necessary investigation of those allegations, make a determination of whether probable cause exists for the filing of a complaint. The certified unauthorized practice of law committee, disciplinary counsel or the Attorney General may, upon completion of its determination, file a complaint with the Board.

(B)Waiver of probable cause

If the subject of allegations of the unauthorized practice of law has expressly waived, in writing, his, her or its right to a determination of probable cause by the certified unauthorized practice of law committee, disciplinary counsel or the Attorney General receiving the allegations of the unauthorized practice of law, said certified unauthorized practice of law committee, disciplinary counsel or the Attorney General shall immediately file a complaint with the Board and send a copy of the complaint by certified mail to the respondent.

(C)Retention and destruction of probable cause materials

The certified unauthorized practice of law committee, disciplinary counsel or the Attorney General receiving the allegations of the unauthorized practice of law shall retain the allegations and all documents and investigatory materials in accordance with the retention standards found in Section 3(D)(1)(f) of this rule.

(D)Majority vote required

No complaint shall be filed by a certified unauthorized practice of law committee with the Board unless a majority of a quorum of that committee determines, after the probable cause review has been completed, that the complaint is warranted.

(E)Notice of intent not to file

If, after the probable cause review has been completed, the certified unauthorized practice of law committee, disciplinary counsel or the Attorney General determines that the filing of a complaint with the Board is not warranted, the complainant and the subject of allegations of the unauthorized practice of law shall be notified in writing of that determination, with a statement of the reasons that a complaint was not filed with the Board. This written notice shall advise the complainant of their right to have the determination reviewed pursuant to division (F) of this section and the steps to obtain such review. Upon request, the certified unauthorized practice of law committee, disciplinary counsel or the Attorney General shall provide the subject of allegations of the unauthorized practice of law with a copy of the allegations.

(F)Appeal

A complainant who is dissatisfied with a determination by a certified unauthorized practice of law committee to not file a complaint may secure a review of the determination by filing a written request with the secretary within fourteen days after the complainant is notified of the determination. The secretary shall refer the request for review to disciplinary counsel. The review shall be considered promptly by disciplinary counsel, a decision made within thirty days, and the complainant notified. The standard of review for an appeal shall be abuse of discretion or error of law. Extensions of time for completion of the review may be granted by the secretary, upon written request and for good cause shown. No further review or appeal by a complainant is authorized. If the original determination is not affirmed, any further proceedings shall be handled by disciplinary counsel.

Ohio. Gov. Bar. R. 8

Amended April 27, 2021, effective 7/1/2021