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Constitutional Law Keyed to Choper
Ohralik v. Ohio State Bar Ass’n
Citation:
436 U.S. 447 (1978)Facts
Albert Ohralik, an Ohio attorney with 25 years of experience, learned about an automobile accident involving 18-year-old Carol McClintock, whom he knew casually. He visited McClintock’s parents and then approached Carol in her hospital room while she was in traction, offering to represent her. He also visited Wanda Lou Holbert, the 18-year-old passenger in the accident, at her home the day she was released from the hospital, securing her oral agreement to representation. Ohralik used concealed tape recorders during his meetings, took photographs of Carol in traction without permission, and persisted in claiming to represent Wanda even after she attempted to terminate the relationship. Both young women eventually discharged Ohralik, but he successfully sued Carol for a portion of her insurance recovery. Following complaints filed by both women, the Ohio disciplinary authorities found that Ohralik had violated rules prohibiting attorney solicitation.
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