65 South Front Street
Columbus, Ohio 43215-3431
February 15, 2008
There is a serious problem in Ohio, and attorneys can make a difference. In 2007, more than 83,000 foreclosure cases were filed in Ohio courts.The number of foreclosure filings has increased by 45 percent since 2003, and filings are expected to continue to rise through at least 2011. While the reasons are varied and the facts continue to unfold, the impact affects nearly every Ohioan in the reduction of property values in our communities, as well as vacant and abandoned properties in our neighborhoods, loss of the local tax base to support important services, and busier court dockets.
Many homeowners threatened with foreclosure cannot afford an attorney, and the resources available in the legal services community alone are inadequate to address the current need. FLAG-Ohio, the Foreclosure Legal Assistance Group of Ohio, is working to match the services of the legal community with income-eligible, owner-occupied homeowners who are most likely to benefit from the services of an attorney who they would otherwise not be able to afford.
FLAG-Ohio includes the Supreme Court of Ohio, Governor Ted Strickland, Ohio Treasurer Richard Cordray, Attorney General Marc Dann, the Ohio State Bar Association, the Equal Justice Foundation, the Ohio Legal Assistance Foundation, the Ohio State Legal Services Association, the Coalition on Homelessness and Housing for Ohio, the Legal Aid Society of Southwest Ohio and the Legal Aid Society of Cleveland.
Recently, the Supreme Court of Ohio encouraged lawyers to continue providing essential pro bono services and to seek to engage in new or additional pro bono opportunities. We hope you will consider offering pro bono services to those faced with foreclosure. Please go to www.ohiobar.org/flag-ohio
to complete the volunteer form.
New Ohio Rule of Professional Conduct 1.2(c), which was effective February 1, 2007, expressly permits lawyers to limit the scope of representation, provided the limitation is reasonable under the circumstances and communicated to the client. You may volunteer to provide only case evaluation or represent a homeowner to negotiate a settlement. You may also choose to provide full representation in the foreclosure action. We call on you to volunteer your services and make a difference for homeowners facing foreclosure.
You may already have the skills to assist homeowners in need, or you may want to take advantage of free CLE courses we will offer to train volunteer attorneys in issues related to foreclosure filings. In either case, there are various stages of the process at which an attorney is needed.
· Case Developer – Will interview homeowners, analyze mortgage documents, identify the potential for reworking the loan by analyzing the homeowner’s available income, handle defenses and counter claims for the purpose of deal brokering.
· Deal Broker – Will attempt to negotiate a work-out of the mortgage based on the case analysis of Case Developer.
· Trial Lawyer – Will represent the homeowner in various stages of foreclosure litigation, including mediation.
Malpractice insurance coverage will be provided to volunteer attorneys for the purpose of their pro bono representation, and they will have access to free CLE-approved training in foreclosure representation. Clients will be screened in advance, and attorneys will be matched with homeowners who are determined to be eligible for the program.
The key to success in this effort is the volunteer lawyers across Ohio. Officers of the court have a professional obligation to perform pro bono service, and this is an opportunity to respond to a significant unmet need. As Ohio citizens, we can make a significant difference in the lives of those who face losing their homes and who do not otherwise have access to legal services.
We all know many lawyers of this state who provide pro bono service to their communities. Volunteering to help Ohioans currently in the throes of a mortgage foreclosure crisis is yet another example of our commitment to our communities. We thank you for your consideration and look forward to your participation.
Sincerely,
Thomas J. Moyer
Chief Justice
Supreme Court of Ohio
Marc E. Dann
Attorney General of Ohio
Robert F. Ware
President
Ohio State Bar Association