Instead of retiring from the law, I will be limiting my office hours and case load.
My price sheet for 2023 can be obtained via an email request at demandingjustice@protonmail.com.
Also, the Firm will no longer perform free screening consultations. Instead, there will be a $50 charge for the first 15 minutes to review the facts of your case. Longer reviews will be charged at $300/hr.
When you visit a lawyer and during the representation, you should expect counsel to challenge your position and question your documents. If your lawyer isn't doing that, she's not preparing you for the tough questions you will face in court and during your deposition. Even during mediation, a skilled mediator will question your position.
This should be expected because your opponent doesn't hand you money in non-car accident cases without a fight. You have to support and defend your position. Your attorney should act as a gatekeeper to prevent you from making a fool of yourself on the stand.
Therefore, preparation at the beginning is key. Take the list of items presented to you seriously. Get documents to your lawyer as quickly as possible. The more documents you have to support your case, the better. Answer your interrogatories and produce your documents as early as possible.
Most importantly, don't be offended when you are cross-examined by your lawyer on your theories of the case. It will show the holes in your case and prepare you for the key stages in your litigation.
As the economy continues to decline, landlords and tenants should review different economic scenarios to determine if they're ready for 2023.
For tenants, do you have a recession proof job? If so, you may not have to worry about defaulting on your lease. For everyone else, see if your landlord will agree to a 3 or 6 month lease period once your lease is scheduled to renew. A shorter period may suit you better to protect you against default just in case you lose your job.
For landlords, do you have a repair/replacement fund for leaky roofs and busted hot water heaters? Can you survive another prolonged period when you don't collect rent as courts and sheriffs slow walk dispossessory actions and evictions?
Also, both parties should know their rights under the lease and the law. A quick or not so quick evaluation may be the answer before trouble comes. The Firm would be happy to evaluate your document in a 15 - 60 minute conference by phone or Zoom.
REPAIRS
You don't know how many calls and emails I receive per month from tenants who are shocked that they cannot withhold rent when the landlord doesn't repair.
At the same time, landlords are shocked they have to repair when the tenant doesn't pay rent.
In residential leases, a landlord cannot contract away its legal obligation. However, if a landlord refuses to repair, the tenant can use repair (pay) and deduct to repair the property. I recommend tenants research this option before using it.
In all, there are several factors both parties should consider before entering into a new lease or letting an old lease auto renew. If you are old enough to remember the first great recession, you can easily learn from any mistakes and seek to avoid them. Otherwise, prepare for the worst and hope for the best. 90% of large CEOs and bankers expect the second great recession will hit us 2023 and continue into 2024.
This may be a criminal case in the video, but I've heard this several times in my civil matters.
https://www.youtube.com/watch?v=2nhvfeTsVy8
During the pretrial mediation, I had an opponent say God was on her side. When the judge asked this tenant did she want an attorney, she made the same assertion.
After the case didn't settle, the pro se tenant attempted to get pictures and other evidence in about her mold and health claims. After my objections, the judge blocked the evidence. My landlord client won the case without putting on much evidence.
MORAL OF THE STORY
God may be on your side, but in court, you also need a lawyer to pursue your mold case.
MOLD WITH HEALTH ISSUES
These cases are extremely difficult to prove with an attorney. You must (1) identify the mold through a professional mold test; and (2) have a doctor stste through testimony that the identified mold caused or irritated your particular health issue.
Equally as important, if you want to hold the landlord liable, make sure you understand causation and the rules of evidence.
Far left NY is contemplating a bill that will prevent landlords from evicting tenants, except for good cause.
https://cbs6albany.com/news/local/landlords-fear-new-yorks-proposed-good-cause-eviction-legislation
This bill is supposed to be pro-tenant. However, if enacted into legislation, you will see more Air B&B places, stricter background checks, higher rents, and lower rental units.
After all, why take the risk of renting to a borderline tenant while the case goes through the court system? Instead, raise the rent while the bill is moving its way to the governor's desk and change the background check to ensure you never rent to a "troublemaker". This will disqualify several people who may have paid their rent on time and never caused any real trouble.
There is a way to draft bills that create a positive landlord-tenant relationship for all sides. However, in typical fashion, the NY State legislature has missed the mark again.
This video gives insight on the history of the judicisl system. It's not behind a pay wall now. I learned more about the origins of the system than I learned in law school.
Demystifying the Judicial System | Building on the American Heritage Series https://link.theepochtimes.com/mkt_app/demystifying-the-judicial-system-building-on-the-american-heritage-series_4391605.html?utm_source=andshare
The Firm is forced to raise its rates as more work is required on what used to be simple cases and as costs continue to skyrocket.
Initial Consultations - $200/hr. (1st one only)
Follow-Up Consultations - $300/hr.
Residential Evictions - Starting at $2,000
Commercial Evictions - Starting at $3,500
Civil Small Claims - Starting at $2,500
State and Superior Court Civil - Starting at $7,500
I know the new fees will prevent many from being able to use my services, but it's unavoidable.
Interesting Take on Why You Should Think Twice Before Starting Renting Out Property:
https://gab.com/NeonRevolt/posts/108126639484828791
This is a valid concern because during 2020 and most of 2021, small landlords were left holding the bag for repairs, loan interest, property taxes, and utilities.
