In August 2010, the Ohio Supreme Court approved a consent decree prohibiting a company, Lienguard, Inc., and a non-lawyer individual of the company (among others) “from preparing, signing, filing and pursuing affidavits of mechanic’s liens in the State of Ohio and from otherwise engaging in the unauthorized practice of law in the State of Ohio.” Lienguard, Inc. had prepared, signed, filed and pursued mechanic’s liens on behalf of third-parties in Ohio without the involvement and supervision of a lawyer licensed in Ohio. In reaching its decision, the Court advised that without the appropriate involvement and supervision of a lawyer licensed in Ohio “preparing, signing, filing, and pursuing affidavits of mechanic’s liens for third-parties . . . [is] the unauthorized practice of law.” For the Ohio Supreme Court opinion click here: Ohio State Bar Assn. v. Lienguard, et al., 126 Ohio St. 3d 400 (Decided August 25, 2010). For questions about mechanic’s liens and the preparation of affidavits, click here to reach an HL Construction Law professional.
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