Thursday, May 9, 2019

Anti Retaliation Law to Protect Renters

The Georgia governor signed the renter anti-retaliation bill into law. The law goes into effect July 1, 2019. It's a good start, but a well drafted lease and careful planning by the landlord should prevent liability.  Of course, not punishing tenants when they complain will also prevent liability.

If you are a small landlord and need assistance on understanding the new law, call me for an appointment. (770)367-1234.

Wednesday, May 8, 2019

Dispossessory Trial Days

Although many dispossessory hearingd take about 15  minutes once a case is called by the judge, what needs to be done to get to the podium to defend a tenant case takes hours.

Night before - copies and file organization

9:00 trial times normally means an 8:00 arrival time. 

8:00 - review file again

8:30 - discuss matter with clients, assuming they show up on time

9:00 - calendar call and case announcement

9:45 -wait for mediation or discuss the matter with landlord's counsel

10:00 - discuss reasonable terms with the tenant/client that she can comply with during the remainder of the tenancy

10:30 - if the case settles, draft an agreement and present it to the judge

10:30 - if the case doesn't settle, wait for a hearing.

11:00 - hearing. 
(some dockets are so large, they go into the 1:00 session).

12:00 - off to the 1:00pm dispossessory calendar, to start the entire process over again.

Friday, May 3, 2019

Additional Requirements on Attorneys Mean Additional Fees to Client

For new cases, additional time in the courthouse or time to scan, prepare or copy orders means additional fees charged by the Firm.

The fees are as follows:
1. Preparing a final order $300/hr
2. Scanning the order in court because of mandatory filing requirements $100.
3. Copy and certified fees will be charged to clients with admin fees of 10%.

The Firm tries to be mindful of budgets.  However, additional time and costs have to be passed to clients.

Tuesday, April 30, 2019

Great Start to the Week

I successfully defended a $24,000 damages case filed against a tenant and helped her receive a nearly $2,000 judgment. 

Great result.

Of course, not all cases end this well, but having an experienced attorney may help you navigate court evidence and procedures. Representing yourself in court is not as easy as tv arbitration shows like Judge Judy and Judge Mathis portray.

Court rules and procedures trip up attorneys from time to time. This is especially true in State and Superior Court.

Tuesday, April 9, 2019

Help in Drafting Lawsuits

The Firm no longer files lawsuits.  However, it will assist the client in drafting the lawsuit.  Once the client files and serves the lawsuit, he or she can hire the Firm for discovery, hearings, trials, and appeals.

This will cut down on the backlog.  Once the Firm is retained, if an amendment is needed to supplement or correct your original complaint/statement of claim, we can do that at that time.

Saturday, March 30, 2019

Unique Business Models & Regulators

Business innovation and unique business models benefit other businesses and consumers. Nevertheless, there are those who hate new ideas.

Although I personally despise Facebook, nobody can dispute the business has reunited friends who would not have remained in touch but for the company, helped solve crimes, and opened up communication to third world countries. 

Yes, regulators needed to step in to protect certain aspects of users' privacy.  Nevertheless, as always, government folks can't help themselves. I see overstepping and overregulation that will do more harm than good for that company and it's satisfied users.

The victims of bad laws to come will be  Amazon and Uber. These companies are relatively young services that have changed the face of this country. I don't know anyone who hasn't used these services.  But for the innovation of the founders of these companies, we would all be worse off in one way or another. They deserve the billions they have made.

Yet, the government is hell-bent on clamping down on these businesses.
First, a few folks in Queens who have probably never come up with an original business thought in their lives decided to quash a deal after it had been awarded.  What business person in his right mind would ever want to do business in Queens as long as that crew is anywhere in that borough?

Now, the government has set its sights on Uber.  NYC is taking sides between Uber and the taxi services.  As someone who had been passed by taxis in several cities, have suffered through loud phone conversations between drivers and God know who, and smelly cabs, I'm delighted those folks have gotten their walking papers.  Government shouldn't step in to protect them by excessive regulation or by imposing high taxes on Uber riders. The cab business model is antiquated and deserves to be downsized until they change and become more consumer friendly.

I believe my business model is somewhat unique just because a significant number of cases I handle are Landlord-Tenant cases.  This Firm represents small landlords and all tenants.  These cases are 65%-85% of the Firm's business. The high call numbers have increased with Atlanta's increasing population.  My theory is to try to assist as many as possible and expect a 90%-95% appreciation rate through repeat business, referrals, and/or good ratings.  The 5-10% disgruntled class is the cost of doing business and having the unique business model I have.

Indeed, people are willing to wait for me because there aren't too many experienced landlord tenant attorneys who offer low reasonable rates. Additionally, I've been told callers do not get the comfort level they expected when they called other firms or they don't get a return call at all from other lawyers.

My business model was reaffirmed recently when someone called me for a case after a client had "gushed" about me to her on a MARTA ride. 

No, I don't have paralegals or legal assistants. This helps me to know my clients, know their stories, and establish a comfort level and relationship with them.  As a result, a scheduled one hour meeting may turn into a 1-1/2 or 2 hour meeting.

For those who want the plain vanilla attorney, don't call, write, or stop by here.  This Firm has a different business model. If you hire me and don't like it, ask for your money back and leave. There are too many clients who understand what's going on here to change voluntarily.  After 17 years of being in solo practice, I must be doing something right.  As long as allowed by regulators and the government, this model of service will continue.

I had thought about changing the model, but I talk to callers who haven't received any assistance in their plight and I change my mind. These people make too much money for legal aid, but don't make enough to pay a large retainer. These "donut hole" folks who would receive zero assistance, but for me, keep my business model alive and thriving.

Saturday, March 16, 2019

Small Businesses Must Challenge Fake and Negative Reviews

I wrote about a similar topic 3-1/2 years ago on this site on September 25, 2015 - Reviewers and Readers Should be Careful.
It discussed a case that occurred as a result of a bad review and the lack of credibility some of the reviewers have when they post.

Now, this is directed toward the targets of those bad reviews.  There are ways to fight against the complainers.

Complain to the Website, but Don't Wait

If you operate a small business, and you become the victim of a fake review, complain to the website but don't wait to take action.  Google and other services  take a long time to respond.
As I have heard other attorneys state, the cures for a fake or bad review are two or more good reviews.  It pushes the bad or fake review down the timeline and decreases the star effect.

Check the History of the Reviewer

You may want to check the history of the reviewer.  Some people love to complain.  They are the perpetually offended types who are never happy.  Readers should also check the history of reviews to see if they give all 5s or all 1s, both are worthless.

Comments in the Industry for the Experience Level of that Company or Individual

Check if similar comments are made in businesses in your industry.  The second step is consistent with the motto, misery loves company.  Indeed, for my area of practice, I receive calls from potential landlord or tenant clients who complain that their current attorney is taking too much time in sending out demand letters or filing their cases.  It is no use for me to represent those callers.  So, I explain, much to the dismay of my pocketbook, that  there is a dearth of experienced tenant lawyers.  Therefore, it is unlikely the timeline will change if they retain me.  Younger, less experienced lawyers may not have that problem.  That explanation normally ends the conversation. 

Respond to the Review.

Also don't forget to respond to the review.  Point out logical inconsistencies and falsehoods.  Be factual, but firm.  If there was a shortfall, admit and move on to what you will do in the future
In addition, if it is a disgruntled or unreasonable  client or customer, avoid that type in the future.  I have an internal "no" list based on my experience with problem clients.  It's not worth the risk dealing with similar types.  Also, for certain industries, raising the rates and refusing to give breaks on pricing and payment schedules may resolve the problem in the future.  I am never shocked when the person who wanted to negotiate fees is the one that causes the most problems during the representation.

Read Good and Bad Reviews with a Grain of Salt. 
Finally, discernible people understand that there are some people who can't be satisfied. For restaurants and other retailers, it is the scam artist who says give me free food or merchandise or I will give you a bad review.  The best way to handle those people is to stand your ground.
Pretty soon, all reviews will be questionable.  One caller reminded me of that a few weeks ago. She was an older woman who said, I can't believe those things because I don't know who writes them. Although her assessment is probably true, businesses should still try to keep their star ratings up within reason.
However, I know of great attorneys who have two or three stars. I know two firms with extremely successful landlord tenant practices in Atlanta with a 1 star.   Indeed, complaints of delays in filing, delays in meetings, other delays, communication deficiencies, and the like are in the negative comments. I guess their opponents love those, but the consumer gets hurt because they are chased away from the best attorneys by  sophomoric people who many wouldn't buy a used car or a piece of candy from on a good day.  However, those are the perpetually offended who must write bad or fake reviews.