Lis Not Pendens

The Ohio Supreme Court publicly reprimanded an attorney for an advertising violation

According to the parties’ stipulations, Williamson sent a letter to David Chopcinski in Lorain, Ohio, informing him that (1) a notice of lis pendens had been filed in the Lorain County Recorder’s office, (2) if he failed to respond to the notice within 28 days, a default judgment could be entered against him and an expedited foreclosure sale could be conducted, and (3) if he failed to vacate his property at the time of the foreclosure sale, the new owner could immediately begin eviction proceedings under various Ohio statutes. Williamson’s letter further informed Chopcinski that her law firm could assist him in stopping the foreclosure process, keeping his home, and reducing his monthly mortgage payment.

Although the letter included the recital “Advertising Material,” Chopcinski did not realize that the letter was an advertisement, and he became concerned that he may lose his home. He showed the letter to his attorney, Zachary Simonoff, who reviewed the county recorder’s files and discovered that a notice of lis pendens had not, in fact, been filed regarding Chopcinski. Rather, Wells Fargohad filed a complaint for foreclosure against Chopcinski in the Lorain County Court of Common Pleas. Simonoff subsequently filed a grievance with relator alleging that Williamson sent a false and misleading advertisement to his client.

During the disciplinary process, Williamson stipulated that the advertisement included material misrepresentations of fact and law in an attempt to market her law firm’s services. Specifically, she acknowledged that a notice of lis pendens had not been filed with the Lorain County Recorder regarding Chopcinski  and that her advertisement cited sections of the Revised Code that were irrelevant to his circumstances. During her disciplinary hearing, she testified that although her law firm had created the advertisement, she had personally approved it—despite failing to verify that the information in the letter was accurate. Based on this conduct, Williamson stipulated and the board found that she had violated Prof.Cond.R. 7.1 (prohibiting a lawyer from making or using a false, misleading, or nonverifiable communication about the lawyer or the lawyer’s services)

(Mike Frisch)