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93A Law Suit

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K

KarlJ

Guest
I have started a 93A lawsuit against a real estate broker/developer. Our attorney indicated that we had a very good case before we started. To date the following has taken place:

- Both sides requested documents and forwarded same to other party in advance of depositions.
- Established deposition dates.
- Plaintifs have given our depositions while defendent1 was present.
- Defendent1 gave their deposition.
- Defendent2 had to cancel deposition due to attorney time constraints on both sides.

As defendent1 walked into deposition, their attorney handed plaintifs attorney additional documents that were "missed".

During deposition of defendent1, it was discovered that other documents that were covered under request for documents were not provided.

Plaintiff attorney requested verbally that the documents be delivered next day & followed up in writing. More than a week has passed and defendent1 has not complied with request to submit the additional documents.

Here are our questions:

1) Is there a penalty for defendent1 for not complying to request for documents? & if so how does that get implemented.
2) Will this lack of cooperation come out in court? How will effect the judge or jury?
3) We feel that our attorney is not being tough enough on the plaintif and their attorney because this is a small community and the attorneys do not appear to want to be confrontational. We were advised by a Boston attorney that this might be a problem, but the case was too small for most Boston attorney's (damages $15k). What can we do to insure that our attorney is doing everything possible?

Thank you
 



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