A U.S. district court holds that the Ohio Supreme Court did not violate the First Amendment when it prevented a disbarred attorney who had been found guilty of the unauthorized practice of law from using "J.D." or "Juris Doctor" in conjunction with his name. Brown v. Supreme Court of Ohio (U.S. Dist. Ct., N.D. Ohio, No. 1:10CV2496, Dec. 7, 2010).
Bruce Andrew Brown was admitted to the practice law of in New York, but was later disbarred. In 1992, the Disciplinary Counsel of the Supreme Court of Ohio found Mr. Brown guilty of the unauthorized practice of law in Ohio. He was later convicted of 44 felonies relating to his unauthorized practice of law. In 2000, the Disciplinary Counsel again charged Mr. Brown with the unauthorized practice of law, and he was again charged with several felonies. Mr. Brown continued to hold himself out as B. Andrew Brown, Esq., on letterhead.
In 2006, the Disciplinary Counsel again charged Mr. Brown with the unauthorized practice of law. The Supreme Court of Ohio enjoined Mr. Brown from using the terms "Esq.," "Esquire," "J.D.," or "Juris Doctor" in conjunction with his name or business name. Mr. Brown sued the court and the Disciplinary Counsel, asserting that he had a First Amendment right to use J.D. or Juris Doctor with his name or business name.
The U.S. District Court for the Northern District of Ohio dismisses the claim, holding that Mr. Brown was not deprived of his constitutional rights. According to the court, because Mr. Brown has used the term to convince others that he was an attorney, and was convicted 44 felonies related to the unauthorized practice of law, "[a]ny other purported legal use of these terms is inconsequential compared to his past conduct."
For the full text of this decision, go to: https://attorney.elderlawanswers.com/brown-v-supreme-court-of-ohio-us-dist-ct-nd-ohio-no-110cv2496-dec-7-2010-8818
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