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Bad Attorney

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Bad Attorney

Postby Downtown » Thu Nov 28, 2002 8:13 pm

This is a tale of warning all attys. are not created equal. Don't know if I can mention the name of the one I used...I found this guy in the phone book.
Long story very short. Problem with an overcharge (stabilized. Atty. told me to withhold, notify LL that I wanted rent resolved. Found an eviction notice on my door...real surprise as I didn't know this was happening. (Have my mail delivered to private box as the one here is a shared by 2 tenants). Atty. says don't worry will get this stopped (Did that) but doesn't think he will win non notification case...so recommends I cut and run. He took my money up front with the assurance he would get me back on track to finish out the last 4 months of my lease. Courts were using my home not...well you get it.
Now am looking for an atty. that will tell me the truth. Be careful who you choose..this guy had the law degree...but I should have checked his court record.
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Joined: Sat Jun 08, 2002 1:01 am
Location: NYC, NY

Re: Bad Attorney

Postby Cranky Tenant » Fri Nov 29, 2002 11:29 am

Just because someone has a law degree doesn't mean they know anything about tenants issues, or for that matter, that they've ever tried a case. A lawyer who does corporate work may not know any more about housing than the average person on the street. That's why it's important to do your research before you choose an attorney.

It's not unreasonable to ask an attorney what kind of experience they have in tenants issues, how many times they've been to court, or the percentage of cases they've won. It's your money and you have a right to know what you're paying for.

Tenant.net is an excellent place to start because you can see the various ways of handling an overcharge complaint and gain some perspective on whether an attorney is taking the best route. If you don't know of any attorneys who specialize in this area contacting some of the ones who advertise on this forum would be a good idea.. Also The Association of the Bar of the City of New York has a lawyer referral service. Either one is a whole lot better than making random choices from the telephone book.

Hope you have better luck the next time around.
I'm a cranky tenant NOT a cranky lawyer.
Cranky Tenant
Posts: 1791
Joined: Sat Mar 02, 2002 2:01 am
Location: Manhattan

Re: Bad Attorney

Postby ciale » Sun Dec 15, 2002 2:43 pm

A bit after the fact but something that could be mentioned. Be very careful when your attorney says that you don't have to be present in the court. If you're not there, there's no telling what will be signed and what the ramifications might be. A neighbor came to me recently to tell of a highly recommended attorney who represented her. She too paid up front. Her attorney told her that she didn't have to be in the court. Short story: she found herself moving with only two weeks to do so and then received a bill for further charges.

Maybe there should be a venue where tenants can post their experiences and actually list the attorneys who represented them. Good, bad, other.
Posts: 19
Joined: Mon Jul 22, 2002 1:01 am
Location: New York City

Re: Bad Attorney

Postby kay333 » Tue Dec 17, 2002 6:07 pm

Hey there,
Have you been to court yet to speak to a judge. You must have had a court date and you have to go.
Do not leave your premisis or you give up all your rights.
You might as well stay and save your rent for another apt until this is settled.
Why were you being evited in the first place.
Posts: 4
Joined: Tue Dec 17, 2002 2:01 am

Re: Bad Attorney

Postby kay333 » Tue Dec 17, 2002 6:09 pm

The only person that can evict you is a judge.
And you must have a crt date to appear.
Did this not happen?
Those papers sound like scare tactics.
As long as there is no Marshall's notice on your door you are not evicted.
Posts: 4
Joined: Tue Dec 17, 2002 2:01 am

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