O'Brien v. White & Getgey

In O'Brien v. White & Getgey (Oct. 27, 1975), Hamilton App. No. C-74610, 1975 Ohio App, the court of appeals affirmed a trial court's removal of a non-lawyer estate administrator as counsel of record for the estate. The court of appeals relied upon R.C. 4705.01, which provides, in pertinent part: No person shall be permitted to practice as an attorney and counselor at law, or to commence, conduct, or defend any action or proceeding in which the person is not a party concerned, either by using or subscribing the person's own name, or the name of another person, unless the person has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules. In O'Brien, the administrator conceded that he was not the only beneficiary of the estate he sought to represent. In affirming the trial court's removal of the administrator as counsel of record, the court of appeals explained: Although a non-lawyer may represent his own interests, the law will not allow him to jeopardize the rights of others by representing them. The mere fact that title, at least to a decedent's personal property, passes to the administrator for the purposes of disposing of the estate does not eliminate the interests of other involved parties. O'Brien, supra, 1975 Ohio App.