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August 28, 2009
Unresponsive Attorney
I'm in the last stages of selling my coop apartment. Throughout the process, my lawyer has been uncommunicative and unresponsive, which is making an already stressful time so much more so. Now, I'm waiting for a firm closing date in order to schedule my move. I called the office and emailed, but of course there's no response, as usual.
Obviously I'll never recommend this attorney to anyone. At this point I'm trying to figure out if I have any recourse that would make the lawyer consider my interests and smooth out this last part of my move.
I'd be interested in hearing if you've had a similar experience and how you've dealt with it.
Comments
My limited experience is that even with the best attorney, it can be very difficult to pin down a firm closing date. Often you think you have one and they still change the week of, or even the day before. Also, my understanding is that right now there is a big problem with banks getting mortgages processed in a timely manner and many, many last minute delays that are beyond the control of either the buyer or the seller.
That being said, you certainly deserve a response from your attorney. Some are better via email, some via phone, I would continue to leave messages until you have some response either way. Also, you may want to articulate that you are expecting communication even if there is no firm date yet. He may be waiting until he has info before responding to you.
Posted by: setancre at August 28, 2009 9:33 AM
I'd snail mail a registered letter too.
Posted by: Arkady at August 28, 2009 10:11 AM
Use all means to get a response (including but not limited to beating down his door). The squeaky wheel gets the oil.
If all else fails, fire him and cut loss. Bigger loss with delayed sale.
(BTW, I commend you for selling, renting and then buying...but shhhhhhh...I'm not supposed to go off topic)
***Bid half off peak comps***
Posted by: Brownstones Half Off at August 28, 2009 10:35 AM
i had a similarly unresponsive lawyer when i was buying. i agree that setting the closing date is not in your lawyer's control, but that you do deserve some response.
my approach was to call and email regularly, escalating each time (e.g. 1) hi, it's me, need an update, etc. 2) me again, sorry i missed you, pls call me back. 3) is everything ok? i really need to speak to you, i called the past two days in a row w/no response. 4) this is urgent. respond immediately.) that worked for me, but if calling every day for five days does NOTHING, then you might want to let the lawyer know you're shopping for replacement counsel: 5) i can see that you are not able to represent me adequately in this transaction, and accordingly i've begun looking for a new lawyer.
this might be an incentive for them, because if you fire them, then the tables would be turned. the lawyers usually get paid at the closing, so if you cut them out before the closing, then it will be their turn to chase you -- for payment.
i think.
good luck.
Posted by: panamac at August 28, 2009 12:08 PM
I had the same problem. We called all the time, left copious messages and should have fired the jerk... we almost didn't close on our tricky coop we were selling because he didn't get some paperwork in order. Thankfully the buyer's lawyer knew lots of people and pulled some favors.
When looking back on it, we should have fired him. We were scared because of how far in the process we were, but ultimately that was a mistake.
Look around- find someone else.
Posted by: hooky at August 28, 2009 12:37 PM
If you feel comfortable with doing so, you should put your attorney's name on here, so people will be warned in the future!
Posted by: Capital PLUSA at August 28, 2009 12:53 PM
Thanks to all of the great feedback. I love Brownstoner!
I did get an email from the lawyer today with a confirmed (probably for now) closing date.
At this time I'm not comfortable "outing" her, because she hasn't been negligent, just unresponsive and uncommunicative. As a freelancer myself, I couldn't imagine not responding to a client's communication. I'm also willing to admit that being inexperienced in selling, I'm probably wanting more hand-holding than other clients.
Brownstones, thanks for your encouragement. I do have doubts creep up about selling, renting, than hopefully buying again.
Posted by: NewToRenting at August 28, 2009 2:44 PM
"I do have doubts creep up about selling, renting, than hopefully buying again"
That's because you don't understand how accurate the NY Case-Shiller Home Price index is to the Brooklyn market regardless of indirect applicability (excludes coops, condos, new construction and 2+ fams). But index up +200% from last trough (early 90's), Brooklyn also up +200%. Relevant on the way up, relevant on the way down. Just wait for the month that the index shows zero change from previous year and there's your 'buy' signal.
And you don't understand how much downward pressure rental rates are under. There's no better time to sell-rent-buy. You'll get something far better than you've ever imagined.
***Bid half off peak comps***
Posted by: Brownstones Half Off at August 28, 2009 5:09 PM
who is your attorney? you should post his/her name here so no one uses them.
i went straight to the bank i was getting the mortgage from, and had them give me the closing date. it took all day, but it was worth it.
my lawyer, susan grober, on court street was essentially useless.
Posted by: mrpcserv at September 7, 2009 10:54 PM
Iwould like to find an attorny who deals with online false advertising. I've run up on ALOT of these schemes and would
like to give pay back. I've lost time with my family thinking I'm doing something that will fatten our income, which is
nothing as I am waiting for disability to approve me and I'm sure you know how long this takes. The only way
these people learn is when you hurt their pocket book and I am more than willing to do this,as I need mine fattened.
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jennifer
Find Attorney
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