The Supreme Court of Ohio suspends an attorney for two years for
preparing estate planning documents for clients solicited by a company
that uses direct-mailings to market estate planning services in Ohio
and other states. Ohio State Bar Assn. v. Jackel (2008-Ohio-1981, May 1, 2008).

Katherine Jackel, an attorney now living in Michigan but
admitted to the Ohio bar in 2004, began accepting clients from United
Financial Systems Corporation in 1999. United solicited customers via
direct mailings, hired non-lawyers to meet with those who responded to
the mailings, and then forwarded relevant financial information to Ms.
Jackel, who would draft estate planning instruments based on the
information provided. United’s non-lawyer employees met with the
clients to execute the final documents. The clients submitted payment
directly to United, who would then pay Ms. Jackel for her services. (In
a case described in the decision, Ms. Jackel was paid $175 while United
charged the client nearly $2,500.)

The Ohio State Bar Association charged Ms. Jackel with
multiple disciplinary violations, including aiding a non-lawyer in the
practice of law, sharing legal fees with a non-lawyer, and knowingly
revealing a client’s confidences. Ms. Jackel stipulated that her
actions violated the disciplinary rules as alleged.

The Supreme Court of Ohio accepts the recommendation of the
bar association and suspends Ms. Jackel for two years. The court
acknowledges, however, that there is no evidence of a dishonest motive
on Ms. Jackel’s part, and that once she understood that she was
violating the disciplinary rules, she ended her dealings with United.