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Defendant (Renter) contacted my Attorney for private meeting with out me (Landlord)

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What is the name of your state (only U.S. law)? WA

I'm in the mist of a lawsuit against one my previous renters due to skipped rent payments and major damage/neglect to a rental home. Our case goes to court in about a month. With all the legal costs plus back rent and damages I am seeking approximately $15k. These are fixed costs with receipts - etc.

The renters contacted my attorney today wanting to schedule a meeting with them and specifically asked that I be not present. My attorney agreed without checking with me first. I'm not sure what to think about this.

They would like to settle, but also countersued me with BS stuff after I sued.

I have never heard of anything like this happening before and I'm not sure what to think, is it even legal and would this meeting between my attorney and them even benefit me?

Help!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? WA

I'm in the mist of a lawsuit against one my previous renters due to skipped rent payments and major damage/neglect to a rental home. Our case goes to court in about a month. With all the legal costs plus back rent and damages I am seeking approximately $15k. These are fixed costs with receipts - etc.

The renters contacted my attorney today wanting to schedule a meeting with them and specifically asked that I be not present. My attorney agreed without checking with me first. I'm not sure what to think about this.

They would like to settle, but also countersued me with BS stuff after I sued.

I have never heard of anything like this happening before and I'm not sure what to think, is it even legal and would this meeting between my attorney and them even benefit me?

Help!
Have you expressed your discomfort to your attorney? Have you asked your attorney to explain to you why he/she thinks that this type of meeting is appropriate?
 
Have you expressed your discomfort to your attorney? Have you asked your attorney to explain to you why he/she thinks that this type of meeting is appropriate?
Not yet. My attorney sent me via email, attaching the renters email to them and my attorney's response back to them on when they are available, without addressing anything to me first. I'm just hoping someone can help me understand if they see any benefit. I'm still trying to wrap my head around it.
 

LdiJ

Senior Member
Not yet. My attorney sent me via email, attaching the renters email to them and my attorney's response back to them on when they are available, without addressing anything to me first. I'm just hoping someone can help me understand if they see any benefit. I'm still trying to wrap my head around it.
You need to discuss this with your attorney.
 

Zigner

Senior Member, Non-Attorney
There is not, necessarily, anything improper about such a meeting. In fact, the attorney's job (one of them) is to negotiate on behalf of his client.
 
There is not, necessarily, anything improper about such a meeting. In fact, the attorney's job (one of them) is to negotiate on behalf of his client.
Thank you for responding. My main reason for my post was for me to respond back to my Attorney in such a way as not to come across angry. I had just never heard of a defendant reaching out to the plaintiff's attorney before asking to speak to them privately..... It really threw me for a loop.
 

Taxing Matters

Overtaxed Member
I have never heard of anything like this happening before and I'm not sure what to think, is it even legal and would this meeting between my attorney and them even benefit me?

Help!
It is legal, the attorney does not violate any rule of professional conduct in attending the meeting, and it can be beneficial to do it this way. One of te problems you get in civil cases is that the parties cannot stand to be in the same room to discuss things together or cannot do so reasonably. If the defendant wants to make an offer to settle or whatever but cannot stand to be in the same room with you, then it is perhaps best that you not be there and allow your attorney to fill you in afterwards. I’ve done that for clients to help things move along more smoothly.
 

xylene

Senior Member
To me this sounds like a brilliant development, you have them over a barrell and they want to settle and have some real capability to do so.
 
It is legal, the attorney does not violate any rule of professional conduct in attending the meeting, and it can be beneficial to do it this way. One of te problems you get in civil cases is that the parties cannot stand to be in the same room to discuss things together or cannot do so reasonably. If the defendant wants to make an offer to settle or whatever but cannot stand to be in the same room with you, then it is perhaps best that you not be there and allow your attorney to fill you in afterwards. I’ve done that for clients to help things move along more smoothly.
Thank you. Yes, I have a better understanding of it all now and talking with my Lawyer also helped in the reason why they were agreeable to the meeting.
 
To me this sounds like a brilliant development, you have them over a barrell and they want to settle and have some real capability to do so.
What we are most concerned about, is them filing bankruptcy and then I wouldn't get anything. Which has me quite worried because of the amount owed.
 

STEPHAN

Senior Member
What we are most concerned about, is them filing bankruptcy and then I wouldn't get anything. Which has me quite worried because of the amount owed.
Do every contracts as if you never ever get another dime from the tenant. Never allow back rent to pile up. Never expect to collect anything after a tenant moves out.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? WA

I'm in the mist of a lawsuit against one my previous renters due to skipped rent payments and major damage/neglect to a rental home. Our case goes to court in about a month. With all the legal costs plus back rent and damages I am seeking approximately $15k. These are fixed costs with receipts - etc.

The renters contacted my attorney today wanting to schedule a meeting with them and specifically asked that I be not present. My attorney agreed without checking with me first. I'm not sure what to think about this.

They would like to settle, but also countersued me with BS stuff after I sued.

I have never heard of anything like this happening before and I'm not sure what to think, is it even legal and would this meeting between my attorney and them even benefit me?

Help!
What do you mean "help"? Why are you complaining?

I don't see any inappropriate professional behavior here. After all the attorney is your agent so why would such a meeting be any more improper or "unheard of" or adverse to your bests interests than vis-à-vis meetings between opposing attorneys of record?

What would be inappropriate is for counsel to have entered into agreements pertaining to the substantive issues of the lawsuit without your prior consent.

What is your attorney's explanation? What has he said concerning the results of the meeting? Again, how do you feel that you have been damaged or your legal rights impaired? If you lack confidence in your attorney, replace him.
 

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