Lawyers Must Challenge Their Clients' Positions and Evidence

 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.

Pro Se Litigants - Second Time Around

I've received calls from 2× pro se litigants who allowed hubris to cost them a case.  More specifically, they represented themselves in a landlord-tenant matter and won against a lawyer.

Now, they'll Clarence Darrow and are telling everyone within ear shot.

Next time the "winner" has a dispute, he thinks lawyers are a waste of money. He's not even going to seek a free phone consultation.  This time, the internet lawyer loses. He waits weeks after the hearing to call a lawyer.  In a normal civil action in Georgia, a 2-3 week delay isn't fatal. However, dispossessory/eviction cases aren't normal civil actions.

Unfortunately or fortunately, depending on your position, eviction cases are on a rocket docket.  7 days after a judgment for the landlord, the tenant must vacate or file an appeal.  Paying the landlord the judgment won't save you unless you entered into a settlement agreement to stay or the order specifically states you can pay then stay.

If you don't understand what's in an order, schedule an office visit to learn your rights and responsibilities. If you don't understand all terms in a settlement agreement, you should consider the pros and cons of settling versus going before a judge.

Types of Landlord-Tenant Cases the Firm Will Accept (Effective Oct. 1, 2018)

Monday, October 1st, marks the 16th anniversary of the Firm.  Experience and client referrals have brought an increased demand for services.  In the last three months, the Firm has seen an explosion in demand.  Because I want to remain small without sacrificing client satisfaction, certain services will be discontinued.

The Firm will Continue to Accept the Following Cases:

                1.   Dispossessory actions (small landlords and all tenants, hourly rate and flat fee)

                2.   Lease review and negotiations (commercial and residential)

                3.   Civil actions with a value of $20,000 or more for failure to repair, negligence,  breach of contract, nuisance, breach of the warranty of habitability, etc.(flat and hourly rate arrangements)

                4.   Repair and stay negotiations (hourly rate only)

                5.   Breach of lease claims (wrongful termination)(hourly rate only)

                6.   Civil actions (wrongful eviction, conversion)

                7.   Return of Security Deposit (defense of small landlords and prosection by tenants whose landlords have more than 10 rental units) 

                8.   Appeals to State or Superior Court (hourly rate only)

                9.   Appeals to Court of Appeals or Supreme Court (hourly rate only)

                10. Litigation for damages to rental property (pursue and defend).

                11. Fair Housing violations claims and defenses (all tenants and all landlords)(hourly rate only)

The Firm will no Longer Accept the Following Cases:

                1.   Claims by tenants against small landlords for failure to return a security deposit

                2.   Negotiations to terminate leases because of a failure to repair, nuisance, or insects.

                3.   Roommate disputes

                4.   Family-related landlord-tenant disputes unless a written lease exists

                5.   Health problems caused by mold 

                6.   Defense of tenants in dispossessory actions for failure to pay rent. 

Going Paperless

When a law firm or other business goes paperless, the necessity to keep reams and reams of pages of documents are eliminated. It saves the client time and money. Clients can e-mail or fax documents to counsel without spending money on postage. Similarly, counsel can exchange discovery without the need of printing and mailing. Currently, even courts have electronic filing to save on money, time and paper.

This paperless revolution is also great for clients. It saves time and money and attorneys can keep their clients updated through e-mail exchanges. Once a case closes, the attorney can give years of documents to a client by handing her a thumb drive or disk, or by putting the documents on the cloud for the client to upload.

Even today, there are clients (most are over 50) who cannot comprehend and sometimes become bitter because a case they thought was so important can be placed on such a tiny medium and put in a small envelope to be picked up. These same people may not be around to see it, but one can expect that soon an entire court docket for a particular year will be stored on media the size of a pinhead and accessed with ease.

New Attorney Fees Coming for all Landlord-Tenant Matters Effective May 15, 2016

Effective May 15, 2016, the Firm will change most of its fees and pricing structures for landlord-tenant matters.

Phone Consultations - 10 minute free screening
Initial Consultations - $75/hr. - $250/hr.
Follow Up Consultations - $300/hr.

Prepare and File Dispossessory Affidavits (Residential Electronic Filing) - $400.00 plus filing fees and service
Prepare and File Dispossessory Affidavits (Residential Paper Filing) -- $500.00 plus filing fees
Prepare and File Dispossessory Answer (Residential Electronic Filing) - $400.00
Prepare and File Dispossessory Answer (Residential Paper Filing) - $500.00
Prepare and File Dispossessory Counterclaim (Residential) - $250.00 plus 35% of recovery

Prepare and File Commercial Dispossessory Affidavit or Answer/Counterclaim - $330/hr. plus filing fees and service

Interview Clients and Witnesses - $300/hr.
Other Communications (phone, fax, text) - $250/hr.

Travel time - $150/hr.

Prepare for Hearing - $300/hr.
Draft Settlement Agreement, Amend Documents, Draft Writs, or Draft Other Court Document - $300/hr.

Subpoenas - $150/hr. plus filing fees and service

All other filings not listed (Residential and Commercial)- $300/hr.

Client is responsible for all expenses (copies, mileage, witness fees, service, parking, subpoenas)

Estimated payments for the case are due upon return of the contract.

Do Your Research and Take Your Time When Served With A Summons And Complaint/Statement of Claim

When a person is served with a summons and complaint, in most instances, the response filing deadline is 20-30 days (depending on the court). One exception to this rule is a dispossessory action. In Georgia, the response time for dispossessories is seven days. As a result you have to act quickly to protect your rights.

Nevertheless, if you have a 20-30 day response time from the date of service, you have time to call around to find an attorney who suits your budget and time constraints. If you're served on Monday, take 3-5 days to consult with several lawyers. Find out their theories of your case. 7-10 days after service, make your decision.

There is no rational reason to receive service of process on Monday and retain an attorney within 24-48 hours of service. I find it amazing that in many cases, people spend more time researching a $500 television or phone than they do researching an attorney that costs much more than those electronic devices. Indeed, depending on the case, the television or phone may malfunction before your case comes to judgment or settlement.

Suggestions

(1) Talk to 3-5 attorneys by phone (not their legal assistants or paralegals).
(2) Visit your top 1 -3 choices.
(3) Take all proposed contracts home to read and compare. Some provisions can be negotiated.
(4) Make your selection after full contemplation.

Multi-Jurisdictional Family Law - One Attorney Licensed in Both States May Be the Best Option

In this mobile society, oftentimes, former spouses or never married parents leave the originating state to start a new life. In the absence of children, alimony, or a pending property division settlement, the exes may never see each other again.

However, when parents move, two states may have jurisdiction on pending matters. For example, a New York court may have jurisdiction for child enforcement matters, but a Georgia court may have jurisdiction for changes in custody/visitation.

In those cases, it may be better to find an attorney who is licensed and practices in both states. Indeed, in my practice, I often receive calls from mothers and fathers who live in Georgia, but have open or prospective cases in Maryland or New York or vice versa. In those cases, I can easily educate them on their rights and represent them in the state of their choice.