HENIZE v. GILES

No. 85-545.

22 Ohio St. 3d 213 (1986)

HENIZE, APPELLEE, v. GILES, ADMR., OHIO BUREAU OF EMPLOYMENT SERVICES, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 12, 1986.


Attorney(s) appearing for the Case

Howard D. Fields and Rural Legal Aid Society, for appellee, Barbara Henize.

Anthony J. Celebrezze, Jr., attorney general, Patrick A. Devine and George H. Calloway, for appellant Administrator, Ohio Bureau of Employment services.

Murphey, Young & Smith, David J. Young and Kevin R. McDermott, for appellant Hercules Trouser Company, Inc.

Eugene P. Whetzel, urging reversal for amici curiae, Ohio Manufacturers' Association and National Federation of Independent Business.

Albert L. Bell, urging affirmance for amicus curiae, Ohio State Bar Association.

Stephen H. Olden, R. Collins Owens and Sue Livensparger, urging reversal for amici curiae, Legal Aid Societies of Cincinnati and Columbus.

Martin, Eichenberger & Baxter Co., L.P.A., and Steward D. Martin, urging reversal for amicus curiae, Ohio Education Association.

Jaffy, Livorno, Kaufmann & Arnett Co., L.P.A., and Steward R. Jaffy and Henry A. Arnett, urging reversal for amicus curiae, Ohio AFL-CIO.

McCutchan, Schmidt, Birkhimer & Druen and Clenzo B. Fox, urging reversal for amicus curiae, Gates-McDonald Company, Inc.

Lackey, Nusbaum, Harris, Reny & Torzewski, Gerald B. Lackey; Jordan Rossen and Richard W. McHugh, urging reversal for amicus curiae, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, U.A.W.


CELEBREZZE, C.J.

The primary issue raised in this appeal is whether the representation of an employer by an actuarial firm, through a non-lawyer, at a benefits hearing before a referee of the Unemployment Compensation Board of Review constitutes the unauthorized practice of law.

For the reasons that follow, we reverse the judgment of the court of appeals and hold that interested parties or their non-lawyer representatives appearing at administrative unemployment...

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