D
doobieME
Guest
Here's some quick background to my questions:
I work as an independent computer network consultant. I have had this particular client (a real estate attorney's office) for nearly two years.
Whenever their computers have had a problem, I simply go in and fix them. All this is done on a verbal agreement. I make no promises--but for a fee I fix the computers. The owner has always paid and agreed to my terms. It is all done on verbal agreement. She also realizes that often I do have a busy schedule. Recently, I had not been able to give her immediate support. However, I did fix computer-related problems except one--printing off the Internet--which she agreed was not extremely critical. At one point, I talked over the phone to one of her employees as to how to do the simply procedure; it is more than obvious that he along with the owner (and following her instructions) went further than what I recommended and this created "problems" on the server. In spite of this, I did tell the owner that I would try to find the time to fix her server but I could not do it right away.
On Tuesday, July 31, I showed up at her office to collect a payment she previously owed me and told her I'd be willing to fix her server the next Friday (Aug 03).
On Wednesday, Aug 01, I received a call from one of her employees asking that I call her as "they" had caused some problems to her desktop and she needed my help..the term used "they" meant the owner, an employee and, my guess now, someone else she may have hired (latter only going on a hunch) were probably fumbling around and meddling with a computer system they know nothing about.
On Thursday (Aug 02) morning when I called, the owner picked up the phone and told me that I should not worry about them anymore...in other words, she did not need my services--it was very plain and clear! Then she hung up.
On Friday, however, (Aug 03) when we spoke again she told me that the server was crashing and that she was going to sue me. And, then hung up the phone, again.
As of this writing, I am expecting for this real estate attorney to take legal action against me.
My basic legal questions are:
1) If I had an agreement and was willing to fulfill my part, does her "firing" me break up that verbal agreement? Isn't this a breach of contract? Or, Would I be liable in any way? If, so to what extend--monetary, etc.
2) At this point, is there still any binding legal contract of sorts seeing also that "material" changes have been made to the server without my direct consent nor supervision? Of course, how can I prove this? They can deny many things even though when I last left the server on Tuesday, no problems (other than the original inability still to print from the Intenet) were reported to me!!!! So--obviously someone made changes that caused "other" negative effects to the server.
3) Are there any laws, court cases I can review in case I have to go to small claims court? Where I can read them?
4) Should I document these events even though I am sure she (being an attorney) will try to "deny" everything in court and I do not have a recording or any written papers to back up my claim except that these events took place...and, although I know she will be most likely sending me her own assessment and making legal demands?
I'd like to be prepared.
5) Should I even write a letter to the owner stating that I am still willing to service her system? If I do, could she construe this as guilt on my part and use it against me? I really don't know completely how she intends to proceed but it is obvious she is going to be taking me to court over this matter. On the other hand, she did get rid of me
and did not even give a chance to fix her server problem! How does contract law (all of this was verbal) come into play?
Your advice would be greatly appreciated!!
I work as an independent computer network consultant. I have had this particular client (a real estate attorney's office) for nearly two years.
Whenever their computers have had a problem, I simply go in and fix them. All this is done on a verbal agreement. I make no promises--but for a fee I fix the computers. The owner has always paid and agreed to my terms. It is all done on verbal agreement. She also realizes that often I do have a busy schedule. Recently, I had not been able to give her immediate support. However, I did fix computer-related problems except one--printing off the Internet--which she agreed was not extremely critical. At one point, I talked over the phone to one of her employees as to how to do the simply procedure; it is more than obvious that he along with the owner (and following her instructions) went further than what I recommended and this created "problems" on the server. In spite of this, I did tell the owner that I would try to find the time to fix her server but I could not do it right away.
On Tuesday, July 31, I showed up at her office to collect a payment she previously owed me and told her I'd be willing to fix her server the next Friday (Aug 03).
On Wednesday, Aug 01, I received a call from one of her employees asking that I call her as "they" had caused some problems to her desktop and she needed my help..the term used "they" meant the owner, an employee and, my guess now, someone else she may have hired (latter only going on a hunch) were probably fumbling around and meddling with a computer system they know nothing about.
On Thursday (Aug 02) morning when I called, the owner picked up the phone and told me that I should not worry about them anymore...in other words, she did not need my services--it was very plain and clear! Then she hung up.
On Friday, however, (Aug 03) when we spoke again she told me that the server was crashing and that she was going to sue me. And, then hung up the phone, again.
As of this writing, I am expecting for this real estate attorney to take legal action against me.
My basic legal questions are:
1) If I had an agreement and was willing to fulfill my part, does her "firing" me break up that verbal agreement? Isn't this a breach of contract? Or, Would I be liable in any way? If, so to what extend--monetary, etc.
2) At this point, is there still any binding legal contract of sorts seeing also that "material" changes have been made to the server without my direct consent nor supervision? Of course, how can I prove this? They can deny many things even though when I last left the server on Tuesday, no problems (other than the original inability still to print from the Intenet) were reported to me!!!! So--obviously someone made changes that caused "other" negative effects to the server.
3) Are there any laws, court cases I can review in case I have to go to small claims court? Where I can read them?
4) Should I document these events even though I am sure she (being an attorney) will try to "deny" everything in court and I do not have a recording or any written papers to back up my claim except that these events took place...and, although I know she will be most likely sending me her own assessment and making legal demands?
I'd like to be prepared.
5) Should I even write a letter to the owner stating that I am still willing to service her system? If I do, could she construe this as guilt on my part and use it against me? I really don't know completely how she intends to proceed but it is obvious she is going to be taking me to court over this matter. On the other hand, she did get rid of me
and did not even give a chance to fix her server problem! How does contract law (all of this was verbal) come into play?
Your advice would be greatly appreciated!!