Prior to 2004 Bill, Did Ohio Recognize 'Common Law' Claim to Recover Fees Paid for Unlicensed Legal Services?
Gary A. Greenspan v. Third Federal Savings & Loan, Case no. 2008-1568
8th District Court of Appeals (Cuyahoga County)
* Prior to the 2004 enactment of R.C. 4705.07, which created a private cause of action for recovery of fees paid for legal services to a person not licensed to practice law, did Ohioans have a common law right to seek such recovery under a theory of unjust enrichment?
* If a common law cause of action based on unauthorized practice of law did exist before 2004, may a trial court consider and decide such a claim without a prior finding by the Supreme Court of Ohio that the actions of the defendant constituted the unauthorized practice of law?