Cleveland Metro. Bar Assn. v. Hernick
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Cleveland Metro. Bar Assn. v. Hernick, Slip Opinion No. 2014-Ohio-521.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2014-OHIO-521 CLEVELAND METROPOLITAN BAR ASSOCIATION v. HERNICK ET AL. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Cleveland Metro. Bar Assn. v. Hernick, Slip Opinion No. 2014-Ohio-521.] Unauthorized practice of law Preparing a complaint for divorce Consent decree Injunction issued. (No. 2013-1288 Submitted September 11, 2013 Decided February 18, 2014.) ON FINAL REPORT by the Board on the Unauthorized Practice of Law of the Supreme Court, No. UPL 08-03. ____________________ Per Curiam. {ΒΆ 1} Pursuant to Gov.Bar R. VII(5b), the Board on the Unauthorized Practice of Law has recommended that we approve a consent decree proposed by relator, Cleveland Metropolitan Bar Association, and respondents, Norm Hernick, a.k.a. Nick Shelly, Law Online, Inc., and A Divorce Fast, Inc. We accept the board s recommendation and approve the proposed consent decree submitted by the parties, which provides as follows: SUPREME COURT OF OHIO 1. Relator filed a complaint against Respondents alleging that they engaged in the unauthorized practice of law, in part by preparing a complaint for divorce on behalf of Andrea Colburn, formerly known as Andrea Derousse in Andrea Beth Derousse v. Derik Clark Derousse, Cuyahoga County Domestic Relations case no. DR-07-317040. 2. Norm Hernick is a natural person who is not licensed or authorized to practice law in Ohio. 3. Ms. Colburn has testified in deposition that she was advised by A Divorce Fast that she did not require legal advice or representation, and that having a contested divorce can be very time consuming depending on the nature of the items in dispute and consequently very expensive in terms of attorney fees; that she paid $539; that she was told by a Lisa from A Divorce Fast that the grounds for divorce were irreconcilable differences ; that she told A Divorce Fast that she wanted child custody and support; that A Divorce Fast prepared a complaint for divorce without any provision for child custody or support; that when she took the complaint to court, she was told it was completely unacceptable, and court personnel helped her with her divorce; that she went back to A Divorce Fast several times but never received a return call from a supervisor or got her money back; that ultimately she was granted a divorce on grounds of incompatibility and living separate and apart for over one year not irreconcilable differences as suggested by A Divorce Fast; that she relied on the advice that A Divorce Fast gave her; and that she obtained child 2 January Term, 2014 support through her efforts, although A Divorce Fast led her to believe they would do that for her. 4. Hernick has not complied with an order of the Supreme Court of Ohio to respond to discovery, including submitting to a deposition. Relator nonetheless is willing to settle this matter, in keeping with the provisions of this Agreement. 5. Respondents admit that they engaged in the unauthorized practice of law in the Derousse matter. 6. Respondents agree to desist from engaging in Ohio in the unauthorized practice of law, directly or indirectly, personally or through any corporation, organization, or other business entity. 7. Relator waives all claims for reasonable expenses and attorney fees in obtaining the March 4, 2010 and August 25, 2011 Orders from the Supreme Court of Ohio. 8. Respondents shall reimburse Andrea Colburn $539.00 and pay a penalty of $1,000.00. 9. Relator agrees that if this Agreement is approved, Respondents reimburse Andrea Colburn $539.00, and Respondents pay any civil penalty that may be imposed, the jail time sanction should be purged and any arrest warrants vacated. 10. Costs shall be the responsibility of Respondents. 11. The parties stipulate to the foregoing, waive notice and hearing, and consent to a decree consistent with this settlement. So ordered. O CONNOR, C.J., and PFEIFER, O DONNELL, LANZINGER, KENNEDY, FRENCH, and O NEILL, JJ., concur. 3 SUPREME COURT OF OHIO ____________________ Norm Hernick, pro se. Russell A. Moorhead and D. John Travis, for relator. ________________________ 4
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