Ohio State Bar Assn. v. Doheny (Slip Opinion)

Citation: 2019 Ohio 3326Docket: 2019-0245

Court: Ohio Supreme Court; August 21, 2019; Ohio; State Supreme Court

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Until formal publication, the case may be cited as Ohio State Bar Assn. v. Doheny, Slip Opinion No. 2019-Ohio-3326. The opinion is subject to revision; readers should report any errors to the Supreme Court of Ohio. The case involves Donald A. Doheny Jr., an attorney licensed in Indiana, Virginia, and the District of Columbia, but not in Ohio. The Ohio State Bar Association filed a complaint against Doheny on March 7, 2017, alleging 11 instances of unauthorized legal practice in Ohio, including providing legal advice, drafting legal documents, and collecting approximately $70,000 in fees from Ohio residents.

Doheny participated initially but ceased involvement after his counsel withdrew in June 2016. He did not respond to the complaint or the subsequent motion for default judgment. The Board on the Unauthorized Practice of Law found sufficient evidence to support ten counts of unauthorized practice and recommended a $25,000 civil penalty, assessing $2,500 for each count and an injunction against further violations. 

Doheny, a University of Notre Dame graduate, suffered a serious head injury in 1993, which affected his ability to work. While he maintained his Indiana law license, he surrendered or had his Virginia and D.C. licenses suspended due to disability. After relocating to St. Louis and later to Ohio, he assisted friends, the Hogan brothers, in a dispute with Butler County regarding lease violations, successfully arguing on their behalf. The court agreed with the Board’s findings and imposed the injunction and penalty.

Doheny represented the Hogans at a county commissioners meeting in July 2010, attempting unsuccessfully to amend their airport lease for a Small Business Administration loan to build a hangar. He provided legal advice on building permits and engaged with city officials about compliance. Doheny recommended the Hogans file a lawsuit against the county but stated he could not represent them; after they retained Ohio counsel, he sought to join their legal team, which was declined. He filed an application with the FAA to register the name "Hogan Field" at the county airport, which was denied, prompting him to file a Freedom of Information Act request on behalf of the Hogans, asserting them as his clients. Frederick Hogan stated he paid Doheny approximately $64,000 from 2010 to 2012 for his services, which also included preparing purchase agreements for real property sales in 2012 and 2013, billed at $1,150.

Doheny provided legal services to Stephen K. Fishwick and his son Douglas, including preparing a quitclaim deed from Douglas to Stephen for $300 and representing Douglas during his arrest, for which he was paid $2,000. An April 17, 2013 letter from Doheny's counsel acknowledged he prepared a quitclaim deed for Patricia Gerdes in Butler County, where he identified himself as an attorney at law. He represented himself as authorized to practice law in Ohio, using letterhead from "Doheny, Doheny" indicating multiple locations while signing as "Donald A. Doheny, Jr. Esq." from a Hamilton, Ohio address. Frederick Hogan claimed Doheny was not a member of "Doheny, Doheny," had no office in St. Louis since 2006, and did not have permission to use the Hamilton address. The court asserts original jurisdiction to define and regulate the practice of law in Ohio, including unauthorized practice, to protect the public from unqualified agents.

Regulation of legal practice in Ohio aims to protect the public from incompetence and conflicts of interest associated with unskilled representation. Unauthorized practice of law includes rendering legal services or falsely representing oneself as authorized to practice law without proper certification. This encompasses preparing legal documents and negotiating claims. The board found that Donald A. Doheny Jr. committed ten instances of unauthorized practice by providing legal advice, negotiating disputes, drafting legal documents, and misrepresenting himself as an attorney. He improperly used the title "Esq." and misleading letterhead. The board recommended an injunction against Doheny and a civil penalty of $25,000, reflecting $2,500 for each offense, due to his cooperation during the investigation, the number of violations, and the harm caused to third parties. Costs were assigned to Doheny, and the court agreed to impose the civil penalty and enjoined him from practicing law until certified.