Porter Wright Partner Joyce Edelman was the lead attorney in litigation that resulted in the Ohio Supreme Court imposing nearly $6.4 million in fines against American Family Prepaid Legal Corporation and Heritage Marketing and Insurance Services Inc. and their co-owners, Jeffrey and Stanley Norman, and directing the companies to cease all operations in the State of Ohio. These penalties resulted from Porter Wright's representation of the Columbus Bar Association in connection with the association's efforts to curtail an illegal trust mill scheme that preyed upon Ohio's elderly population and involved the unauthorized practice of law by non-lawyers.
In a statement released today, Columbus Bar Association President Elizabeth Watters lauded Ms. Edelman and her colleagues at Porter Wright: "I want to thank Porter Wright Morris & Arthur, LLP and its team of skilled lawyers - especially Joyce Edelman - who selflessly assisted the Columbus Bar on a pro bono basis. Their hard work and support was reflected in this decision, and they did a masterful job in arguing the case to the Supreme Court's Board of Commissioners on the Unauthorized Practice of Law and the Ohio Supreme Court. The case and the decision reflect the very best aspects of the law and the legal profession at work to benefit the public and protected it from the unprincipled and the greedy."
In the lawsuit, the Columbus Bar Association alleged that, over a number of years, American Family and Heritage Marketing ran a trust mill scheme in which they and their agents convinced thousands of Ohio senior citizens to pay nearly $2,000 for allegedly discounted prepaid legal services, which were never provided. Instead, the only product customers received was a living trust and other estate planning instruments, which, in many cases, were unnecessary or inappropriate to meet the customers' legal needs. To convince customers to buy, agents used aggressive tactics during in-home presentations that took advantage of customers' advanced age. They also used marketing materials that misrepresented facts, deceptively exaggerated the disadvantages of the probate process to frighten customers into purchasing living trusts, and overstated the need for and cost of attorney services during the probate process. The combination of tactics employed by the agents created a high-pressure, deceptive sales pitch to which many vulnerable citizens fell prey. Those citizens were often further victimized as a result of the companies' follow-up visits, which pressured customers to buy follow-on products such as insurance services and deferred annuities. Because the scheme resulted in non-lawyers offering legal advice, the Columbus Bar Association stepped in to protect the public.
Approximately 40 Porter Wright lawyers, law clerks, and staff members contributed to the firm's efforts on behalf of the Columbus Bar Association. Among those, Associate Aaron Shank worked hand-in-hand with Ms. Edelman to protect the public's interest. In all, the firm has invested thousands of pro bono hours on these matters during the last several years.
Porter Wright Morris & Arthur LLP is a large regional law firm that traces its origins to 1846 in Ohio. With offices in Cincinnati, Cleveland, Columbus, and Dayton, Ohio; Washington, D.C.; and Naples, Florida, Porter Wright provides counsel to a worldwide base of clients.
SOURCE Porter Wright Morris & Arthur LLP
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