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August 4, 2007
Changing a Lawyer Mid-deal
Does anyone have experience changing their real estate attorney post-contract but pre-closing? I'm not sure it's worth it, but a situation has come up and I feel like my attorney isn't representing my best interests (not answering questions/trying to smooth over details to push something through which is not to my advantage, etc.). Any advice?
Comments
search..there are a ton of post regarding lawyers and how much they make suck during the process and thus changing them...
if you really feel underepresented get out now..you will and may lose more money in the long run if you get a bad deal because the lawyer missed something..
Ask the lawyer whats the tally up to this point(get him to quote a number) and then pay him off requesting all your documents..dont be embarassed or afraid to write the lawyer off..If they play hard bal and want an "agreed" to fee..then just pay..and move on..
A good lawyer will catch the important stuff now, because 2 years from now thats what will matter..
Posted by: anon at August 4, 2007 2:49 AM
Call the NY State Bar Association and give them the lawyers name, and explain why you think hes being a bit of a dope and whatnot. They should be of help, or at least help him cover his ass. Otherwise it could get a bit tricky, and you might just have to threaten him a little bit if you ask my opinion.
Posted by: Mom Vidalia at August 4, 2007 7:05 PM
So, if I want to change a lawyer after the contract is signed but before the closing (and of course, pay the original lawyer whatever fee he thinks is reasonable for his work up until then), that might get tricky? I'm willing to pay and just cut our losses now...
Posted by: Anonymous at August 4, 2007 7:19 PM
Make him work it out for you until the bitter ending, and dictate what you expect him to do for you. Otherwise sic the Bar on his ass like a dog, because he took an oath to bill you and the Bar Assocation is there to keep him in line. Ill tell you now to make a list clearly today and tomorrow and practice-run it by your girlfriend or hsband and then call the Bar on Monday morning, and they will call his sorry practice up and tell him whats up with your peculiar issues. I think a 'come-to-jesus' talking with him in the afternoon or the next day would do wonders, you watch girl.
Posted by: Mom Vidalia at August 4, 2007 9:07 PM
As a preliminary matter, I dont think the bar is going to care that he doesnt respond to your phone calls. Further, the fact he doesnt respond phone calls as you like them doesnt mean he isnt competent. In fact, you may run into the same issues with any attorney (including myself).
With that said, you can have any attorney you want and can discharge an attorney at any time for any reason. However, you are on the hook for the money unless it is for cause. So, if you really have issues with this guy, then you should document them. Send letters that explicitly describe your complaints (faxes are good too). Just make sure your issues are documented. If you want to discharge him, send him a letter explaining the basis of your discharge.
As to payment, I would find a new lawyer and get a price quote. I would then deduct the amount you are paying him when you pay the discharged attorney. Further, when you pay, put "in full settlement of services rendered" in the re: spot on the check. My instinct is that he will cash it. You might end up having to pay more, but it would be a pain for him as well as you.
Of course, consult with your new attorney and dont take this as a sub for real legal advice.
Posted by: slick at August 4, 2007 10:32 PM
Slick if I need an attorney to dog on someone for whatever reason You are the man in my corner, as I I can appreciate the nessesity of the big legal bombs you can throw. I hope you have a helping hand in this ladies matters, and jesus mercy shines on slick always.
Posted by: Mom Vidalia at August 4, 2007 10:56 PM
Dude, this is a residential real estate lawyer you are talking about. Lots of things get smoothed over and overlooked, because unfortunately, the market has succumbed to thinking that a residential real estate transaction can be done for $2,000 in legal fees. It can't, and those that are doing it for that amount are always glossing over some stuff. If you want real zealous representation, custom taylored to your needs, be prepared to spend significant amounts of money. I suspect that's not what you want and, therefore, suggest you just work things out with your current lawyer.
Posted by: Anonymous at August 5, 2007 12:42 AM
What did this lawyer try to push thru that wasnt to your advantage? And how did the contract get signed if you weren't happy with the deal? If you are now happy with the contract than it sounds like he did exactly what you asked him to do. If he disagreed with your request at first but then carried out your desire, I dont see what you would expect to be different from a new lawyer. Particularily if you are unfamilar with real estate deals, his job is to advise you. Even if you end up going a different way, don't disregard his advice.
Posted by: Anonymous at August 6, 2007 7:40 AM
Hi,
The contract itself is okay, it's an issue that has come up now with our buyer and he is not responding to questions in e-mails or phone calls and the brief response we have received is cryptic and does not represent our best interests. This isn't our first real estate deal in general, just our first apt. sale, and at this point, we'd rather pay him for his work up until this point and go with someone who is more responsive to our concerns and more aggressive in his attitude re: protecting his clients' interests. I don't think he's doing anything unethical. I just need someone to answer my questions, to explain everything, and to not be afraid of aggressively protecting clients' interests and not just bowing over b/c that's the easiest way out of the situation.
Posted by: Anonymous at August 6, 2007 12:18 PM
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