Attorney/Client Question...

What is the name of your state? Maine

The attorney and registered agent for an incorporated non-profit homeowner's association is representing the association in small claims court on a question of law. Where the plaintiff is a dues paying member of the association, and the attorney is a prominent real estate attorney, can the attorney be called as a witness by the plaintiff to answer questions about law? I'm interested to hear some thought on this, or if there are any precedents.

Thank you.

Yes you can call anyone as a witness, even me so send me a ticket and have my room ready. However, why would the attorney, not representing you individually, want to answer your questions or help you? The attorney represents the association, not you personally.

As the plaintiff you need an attorney for you at your expense. The other members of the association should not pay for your legal advice or aid.

Where I cannot afford an attorney, nor your room when you come to testify, I was wondering if a judge would allow it, as long as I stricly asked questions regarding real estate law. My dues ARE being used to pay his attorney's fees.

madaretsel said:

Where I cannot afford an attorney, nor your room when you come to testify, I was wondering if a judge would allow it, as long as I stricly asked questions regarding real estate law. My dues ARE being used to pay his attorney's fees.

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So, let's get this straight. You are suing the association, yet you want to use the association's atty as an expert witness for YOU, without having to pay him?
The judge will NEVER force that.
Hire your own expert on RE law.

You're right. I was just looking for a way to embarass him for using such a rediculous defense.

Court is about facts. You sound emotional. You will do MUCH MUCH better in court if you lose the emotion and stick to the facts.

Do you mean like the fact that the law courts view an association’s declarations as a binding contract between the member and the association, and their attorney is claiming that there is no contractual relationship? Hey, nice run-on sentence!