• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Law Suit Filed Without Plaintiffs Knowledge or Consent

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ryan F

Junior Member
What is the name of your state (only U.S. law)? South Dakota
I apologize if this is in the wrong section and too long but here is the scenario.

I borrowed money from my mother and another investor to purchase an investment property held in a corporation that my wife and I each have 50%. My mother’s mortgage is in first position and the investor is in 2nd position. The property is currently rented but mom isn’t receiving monthly payments.

In a separate deal the corporation and myself (personally) are being sued. My mother was concerned as to whether the lawsuit would put her investment at risk and if needed how would we legally transfer deed to her.

I told her that it should be safe but I’m not a lawyer so, I told her that she should get legal advice and I recommended local lawyer that I have used before but do not have a current relationship with. I was anticipating it would cost her 1-2 hours.

My mother and father went to see this lawyer (without me) and he told her that he needed a check for $2,000.00 which they wrote on the spot. They explained the situation to the attorney and he said he couldn’t advise them until he did a title search.

I talked to my mother after their meeting and she told me that the lawyer said that he couldn’t advise her until he did a title search. This was a bit of a red flag and but we decided to see what the title search showed. About a month later I get served in a law suit from this lawyer on behalf of my mother- my mother and I are on good speaking terms and talk regularly so I was shocked to say the least. As I was reading thru the summons and complaint my mother called me and asked what was going on….. I explained that she was suing me, the county and the investor in second position. The only communication she had with the lawyer was following up with him on the status of the title search. I told her if she wasn’t planning on suing me she needed to talk to the lawyer. According to her, when she called, the attorney seemed confused and would not answer any direct questions and would say things like “it’s in the file” or “I don’t have it in front of me”, which is understandable the first time but then she called back and he wouldn’t/couldn’t answer her questions. However, he continually made derogatory comments about me ( he’s not getting any more referrals) to the point where she couldn’t/wouldn’t talk to him anymore. At this point he had billed her $1,700 for services and still couldn’t get advice.

Up until this point I was intentionally staying out of the conversations between the lawyer that I referred my mother to and my mother, but now she’s back to asking me legal advice because the lawyer won’t give it to her. So, I set a meeting with the attorney and my mother came with. We spent 45 minutes talking to him and he still wouldn’t/couldn’t answer the question “If I get sued can she loser her secured interest in the property?” I asked multiple questions about the foreclosure process, deed in lieu, contents of the title search and about the hours he had billed for and for the most part he dodged every one and threw insults at me where ever he could (though I’m not sure why; must hate referrals). He kept telling me that I had to stay out of it (including that I shouldn’t be talking to my mother or the investor) and then would turn around and say things like “you should have told me that before”. He also told me that I’m not his client she is but my mother has never signed any retainer agreement – only a check. He also mentioned that he had “worked a deal” with the investor and told them that they could sue me if they wanted to also. When I drilled into this he said that he’s not representing them yet so there is no conflict. (Except he’s billing my mom to talk to them.) Today my mother got another bill for another $1,000.

My mom doesn’t really want the house in her name but she wants to make sure that she’s protected. We are now past the 30 days to answer the complaint (neither my corporation nor the investor have answered) and we are wondering what to do and my mom, the corporation nor the investor have or want so spend any more money on a lawsuit.

1) Is there any reason my mom should want the house in her name?
2) Can we get rid of this law suit without a lawyer?
3) What happens if we do nothing?
4) Is there someone like an oversite board for lawyers or state’s attorney we can get advice from?
5) Is it unethical/unlawful to take a $2,000 retainer and not have some written agreement?
6) Is it unethical/unlawful to file a law suit on someone’s behalf without a review or signature?

Thanks in advance.
 


TigerD

Senior Member
1) Is there any reason my mom should want the house in her name?
That is up to her.

2) Can we get rid of this law suit without a lawyer?
There is no we. She is suing you. You need a lawyer to defend yourself.

3) What happens if we do nothing?
You are going to lose.

4) Is there someone like an oversite board for lawyers or state’s attorney we can get advice from?
No. You can get advice from an attorney.

5) Is it unethical/unlawful to take a $2,000 retainer and not have some written agreement?
That is none of your business.

6) Is it unethical/unlawful to file a law suit on someone’s behalf without a review or signature?
That's what they say. You might want to think about that question critically.

You need your own attorney yesterday.

TD
 

quincy

Senior Member
What is the name of your state (only U.S. law)? South Dakota
I apologize if this is in the wrong section and too long but here is the scenario.

I borrowed money from my mother and another investor to purchase an investment property held in a corporation that my wife and I each have 50%. My mother’s mortgage is in first position and the investor is in 2nd position. The property is currently rented but mom isn’t receiving monthly payments.

In a separate deal the corporation and myself (personally) are being sued. My mother was concerned as to whether the lawsuit would put her investment at risk and if needed how would we legally transfer deed to her.

I told her that it should be safe but I’m not a lawyer so, I told her that she should get legal advice and I recommended local lawyer that I have used before but do not have a current relationship with. I was anticipating it would cost her 1-2 hours.

My mother and father went to see this lawyer (without me) and he told her that he needed a check for $2,000.00 which they wrote on the spot. They explained the situation to the attorney and he said he couldn’t advise them until he did a title search.

I talked to my mother after their meeting and she told me that the lawyer said that he couldn’t advise her until he did a title search. This was a bit of a red flag and but we decided to see what the title search showed. About a month later I get served in a law suit from this lawyer on behalf of my mother- my mother and I are on good speaking terms and talk regularly so I was shocked to say the least. As I was reading thru the summons and complaint my mother called me and asked what was going on….. I explained that she was suing me, the county and the investor in second position. The only communication she had with the lawyer was following up with him on the status of the title search. I told her if she wasn’t planning on suing me she needed to talk to the lawyer. According to her, when she called, the attorney seemed confused and would not answer any direct questions and would say things like “it’s in the file” or “I don’t have it in front of me”, which is understandable the first time but then she called back and he wouldn’t/couldn’t answer her questions. However, he continually made derogatory comments about me ( he’s not getting any more referrals) to the point where she couldn’t/wouldn’t talk to him anymore. At this point he had billed her $1,700 for services and still couldn’t get advice.

Up until this point I was intentionally staying out of the conversations between the lawyer that I referred my mother to and my mother, but now she’s back to asking me legal advice because the lawyer won’t give it to her. So, I set a meeting with the attorney and my mother came with. We spent 45 minutes talking to him and he still wouldn’t/couldn’t answer the question “If I get sued can she loser her secured interest in the property?” I asked multiple questions about the foreclosure process, deed in lieu, contents of the title search and about the hours he had billed for and for the most part he dodged every one and threw insults at me where ever he could (though I’m not sure why; must hate referrals). He kept telling me that I had to stay out of it (including that I shouldn’t be talking to my mother or the investor) and then would turn around and say things like “you should have told me that before”. He also told me that I’m not his client she is but my mother has never signed any retainer agreement – only a check. He also mentioned that he had “worked a deal” with the investor and told them that they could sue me if they wanted to also. When I drilled into this he said that he’s not representing them yet so there is no conflict. (Except he’s billing my mom to talk to them.) Today my mother got another bill for another $1,000.

My mom doesn’t really want the house in her name but she wants to make sure that she’s protected. We are now past the 30 days to answer the complaint (neither my corporation nor the investor have answered) and we are wondering what to do and my mom, the corporation nor the investor have or want so spend any more money on a lawsuit.

1) Is there any reason my mom should want the house in her name?
2) Can we get rid of this law suit without a lawyer?
3) What happens if we do nothing?
4) Is there someone like an oversite board for lawyers or state’s attorney we can get advice from?
5) Is it unethical/unlawful to take a $2,000 retainer and not have some written agreement?
6) Is it unethical/unlawful to file a law suit on someone’s behalf without a review or signature?

Thanks in advance.
Ryan F., is this the same lawsuit that was filed against you in January of this year? Here is a link to your previous thread (and I am sorry, by the way, that no one addressed your questions when you posted): https://forum.freeadvice.com/civil-litigation-46/how-proceed-close-civil-case-621205.html

The attorney your mother and father hired is correct in saying that he cannot discuss your parent's case with you. Your parents are his clients and he represents their best interests. You are the adversary in the suit.

I have no idea what was discussed between your parents and their attorney or what was agreed to when they retained his services. At the end of my post I have provided a link to South Dakota's Attorney Rules of Professional Conduct. You might want to read through the Rules.

You also might want to hire an attorney of your own.

http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=16-18-A

Good luck.
 
Last edited:

Ryan F

Junior Member
That is none of your business.

That may be true from a lawyers stand point but this is my mother. I feel responsible for referring her to a lawyer that has billed her for services and still can't explain what or why he is doing what he is doing.
 

Silverplum

Senior Member
That is none of your business.

That may be true from a lawyers stand point but this is my mother. I feel responsible for referring her to a lawyer that has billed her for services and still can't explain what or why he is doing what he is doing.
It is true, your feelings notwithstanding.
 

quincy

Senior Member
That is none of your business.

That may be true from a lawyers stand point but this is my mother. I feel responsible for referring her to a lawyer that has billed her for services and still can't explain what or why he is doing what he is doing.
It really isn't your business, though. That is the legal reality.

If your parents' lawyer is not telling you anything about the case filed against you, it appears the lawyer is representing your parents well in that aspect.

And, if your parents' lawyer helps them to win the suit filed against you, you can at least be happy that you referred your parents to a good lawyer. ;)
 

LdiJ

Senior Member
It really isn't your business, though. That is the legal reality.

If your parents' lawyer is not telling you anything about the case filed against you, it appears the lawyer is representing your parents well in that aspect.

And, if your parents' lawyer helps them to win the suit filed against you, you can at least be happy that you referred your parents to a good lawyer. ;)
I still do not understand what the lawyer is suing FOR, unless somehow its foreclosure...and even that doesn't really make sense. Mom apparently has a lien against the house for the money she loaned, therefore she would be primary over any other creditor.
 

quincy

Senior Member
I still do not understand what the lawyer is suing FOR, unless somehow its foreclosure...and even that doesn't really make sense. Mom apparently has a lien against the house for the money she loaned, therefore she would be primary over any other creditor.
I included the link to Ryan's previous thread but I am not sure that clears up the mystery of what is going on in the lawsuit filed by the mom against the son, not that it matters all that much to the question posed by Ryan in this thread.

It appears to me that Ryan might have provided "legal" and/or financial advice to his mom that was found by the parents' attorney to benefit Ryan's company but which may have put his mom at risk of losing her house. I don't know. But I am not surprised Ryan wants to find out what his parents' attorney is saying.

Ryan really needs to have his own attorney. His position in this suit, at least on quick glance, seems to me to be a legally precarious one.
 

LdiJ

Senior Member
I included the link to Ryan's previous thread but I am not sure that clears up the mystery of what is going on in the lawsuit filed by the mom against the son, not that it matters all that much to the question posed by Ryan in this thread.

It appears to me that Ryan might have provided "legal" and/or financial advice to his mom that was found by the parents' attorney to benefit Ryan's company but which may have put his mom at risk of losing her house. I don't know. But I am not surprised Ryan wants to find out what his parents' attorney is saying.

Ryan really needs to have his own attorney. His position in this suit, at least on quick glance, seems to me to be a legally precarious one.
How can you know that its legally precarious if you do not know what the suit is about? I am entirely confused on this one. The other thing that I do not understand is that the attorney appears to have filed suit without mom's permission. Which means that mom could certainly have the suit dismissed or not cooperate so that suit dies for lack of activity. The whole thing is just very odd.
 

Zigner

Senior Member, Non-Attorney
How can you know that its legally precarious if you do not know what the suit is about? I am entirely confused on this one. The other thing that I do not understand is that the attorney appears to have filed suit without mom's permission. Which means that mom could certainly have the suit dismissed or not cooperate so that suit dies for lack of activity. The whole thing is just very odd.
I wonder if mom is simply trying to avoid conflict with her child.
 

quincy

Senior Member
How can you know that its legally precarious if you do not know what the suit is about? I am entirely confused on this one. The other thing that I do not understand is that the attorney appears to have filed suit without mom's permission. Which means that mom could certainly have the suit dismissed or not cooperate so that suit dies for lack of activity. The whole thing is just very odd.
I don't know if Ryan is in a legally precarious position. When I do not have nearly enough information to say anything definitively, I do not make definitive statements. Please note the "qualifiers" I used in my previous post. ;)

I agree this is odd but odd or not, and based only on what Ryan has said in this thread, the attorney for Ryan's parents does not have to tell Ryan anything about his parents' case against him (other than what is requested in discovery). The attorney represents Ryan's parents and their best interests.

Ryan would be well-advised to find an attorney of his own to represent his interests.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top