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Ethics - legal representaion
Sent to Legal Experts March 09 10:29 AM

I live in S.NJ. Last July I rec'd phone counsel re: landlord law in NJ with an attorney (Mr.x). He knew we were on a budget, didn't charge and told us we could use (modify) a basic month to month (from staples) lease for short term tenants renting our garage apt. We were renting the apt to a young college couple that wanted it for two months. We required 1st/last rent which they paid, plus cc on file for damages if there were any, agreed to in lease. The kids decided to leave after 37 days, left us with true filth, damage, cat hair, etc.They demanded full second month rent refund,& refused to pay for damages in excess of $50. They just have filed with SClaim court and their lawyer is the same one that counseled me last august suggesting the month to month lease. He is also privy to problems we had with the last tenants who ran out without paying the last month rent. (It's a very nice apartment btw and we have a great tenant now!).Can this lawyer ethically represent these kids, after counseling us? I have a feeling no one else would take their case as they snuck in an extra cat and person for a week.

Edited by Customer (name blocked for privacy) on March 9 2008 at 10:38 AM

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Answer
March 9 10:51 AM (22 minutes and 12 seconds later)
         
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My sympathy to you for your situation. I do not think this is ethical in any sense of the word. My suggestion is first of all a complaint to the state bar which costs you nothing. Then I would also raise this issue with the court where the suit is filed. You can certainly file an answer and lay out the facts you described above. Do you have pictures, etc. These make great evidence, also receipts for costs of clean up and also lease from next tenant to show lost income if property remained vacant. You certainly have some good arguments, you may need an attorney if you want to properly present them if you feel intimidated in the matter. This must have come as a shock to you to see this attorney representing the other guys. I hope that this gives you some ideas on the matter and good luck to you..
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RayAnswers -- Lawyer -- 98% Positive Feedback on 569 Legal Accepts
25 years in civil, criminal, family, probate, elder issues, and administrative law
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March 9 11:07 AM (15 minutes and 11 seconds later)
         
Reply to RayAnswers's Post: Hi Ray. Thank you. So, to recap...a lawyer should not represent a client in case against someone they have given counsel to...

Unfortunately I did not take pictures. I realized a week later that I should have. But, we have witnesses.
Customer (name blocked for privacy)
Answer
March 9 7:53 PM (8 hours and 45 minutes and 59 seconds later)
         
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I think this is a conflict of interest, common sense would tell you that, you have the right idea here....
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RayAnswers -- Lawyer -- 98% Positive Feedback on 569 Legal Accepts
25 years in civil, criminal, family, probate, elder issues, and administrative law
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March 22 5:45 PM (12 days and 21 hours later)
         
I need help again. Things always seem to present on the weekend when my lawyer is not available. Regarding this same case, I did prepare a letter to the Ethics committee but did not send it. My attny, sent it directly to the attorney handling the tenants case and a strong counterclaim denying the complaint. Now the attorney that I have the grievance with has sent a response, very threatening, he is saying that this proves I am a liar and will take the plaintiffs case just to prove this, that he didn't breach any ethics by talking with me, even though he states in his letter he doesn't remember what we talked about. I am so afraid that he is so reckless and crazy that I could end up getting hurt, losing a lot. I never expected he would retaliate as my experience is that this is illegal and unethical. But, he's doing it, has been a lawyer here for a long time, his mother is with a law firm...
I am very upset and wonder if there is a way to stop this craziness.
Customer (name blocked for privacy)
Answer
March 22 9:50 PM (4 hours and 5 minutes and 7 seconds later)
         
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RayAnswers -- Lawyer -- 98% Positive Feedback on 569 Legal Accepts
25 years in civil, criminal, family, probate, elder issues, and administrative law
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