Research Paper

1241 Words Oct 13th, 2014 5 Pages
February 25, 2014
Legal Writing

Legal Brief Assignment No. 2
FACTS:
Dan is a trained paralegal who works for Erie Bank in Lakewood, Ohio. One day, Mary walks into the bank to apply for a mortgage loan to purchase a new house. She and Dan have a long conversation about Mary taking out a mortgage. Mary is concerned that were she to default on her loan, her credit would be destroyed. In response, Dan tells her:
Don’t worry about it. If you don’t pay your loan, the only remedy the bank has is to foreclose on the house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter.
Unfortunately, it turns out
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The court in which the action for damages is commenced shall consider all of the following in awarding damages to a person under division (C) (2) of this section:
(a) The extent to which the fee paid for the services that constitute the unauthorized practice of law in violation of division (A)(3) of this section exceeds the reasonable fees charged by licensed attorneys in the area in which the violation occurred;
(b) The costs incurred in paying for legal advice to correct any inadequacies in the services that constitute the unauthorized practice of law in violation of division (A)(3) of this section;
(c) Any other damages proximately caused by the failure of the person performing the services that constitute the unauthorized practice of law to have the license to practice law in this state that is required to perform the services;
(d) Any reasonable attorney's fees that are incurred in bringing the civil action under division (C)(1) or (2) of this section.
(3) Divisions (C)(1) and (2) of this section apply, and may be utilized, only regarding acts that are the unauthorized practice of law in violation of division (A)(3) of this section and that occur on or after the effective date of this amendment. In the case of Ohio State Bar Assn. v. Martin, 118 Ohio St.3d 119, 886 N.E.2d 827, (Ohio, 2008). The State Bar Association charged two non-attorneys, their closely held corporation, their business, their current franchisor, and

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