The monitoring and regulation of mediators and arbitrators is a haphazard business in the United States. It is often said that “mediation is not the practice of law”—despite how often mediators are asked to help parties navigate contentious and confusing legal issues—so many states, such as Colorado, do not regulate the conduct of neutrals, even for court-annexed mediation. This is a convenient determination for the neutrals as it avoids the credentialing and regulatory schemes routinely...
The Legal Profession Blog noted an interesting case argued in Ohio this week that poses the question: Is the use of forms unauthorized practice of law?
On Wednesday, the Ohio Board on the Unauthorized Practice of Law recommended that the state supreme court find that Thomas Jones, Jr., a nonlawyer in Cleveland, has engaged in the unauthorized practice of law because he helped prepare deeds for two Cleveland homeowners.
The board also urged the court to order Jones not to practice as a nonlawyer...
