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Exclusivity clause and changing attorney

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MN_Retailer

Junior Member
What is the name of your state? MN

We’re in (yet another) battle with our landlords over their continued failure to enforce the Use Clause in our lease (retail store, strip mall location) granting us exclusive rights to very specific types of products. It’s come to the point of engaging legal counsel in hopes of terminating our lease, as they have allowed a neighboring tenant (franchise owner and good friend of the landlord) to encroach on this for years. We have lost several clients and untold dollars as a result of the duplication of product offered at discount prices.

Translated: We’re way past a mere “right to cure,” which has been ignored twice.

The attorney we hired, while a nice person, is obviously out of her element, having made two critical errors in our initial approach (and admitting so), as well as needing to consult litigators in her firm every time I ask a question. Four weeks into this, and still, we’re at square one with no response from our landlords.

I feel strongly that since the landlord is refusing to acknowledge our letter of intent to terminate and is not returning her phone calls, we need a more assertive approach...and legal counsel who is more familiar with this type of litigation and adept at making sound decisions.

Here’s my question:

I’d like to stay with the same firm, since their’s a partner there who seems to fit the bill. Is there a correct way to do this so I don’t end up paying two attorneys simultaneously while avoiding any potential problems? What do I need to do to keep the ball rolling forward (and not into a pothole)?

Please advise. Thanks!What is the name of your state?What is the name of your state?
 


seniorjudge

Senior Member
Q: Here’s my question: I’d like to stay with the same firm, since their’s (sic) a partner there who seems to fit the bill. Is there a correct way to do this so I don’t end up paying two attorneys simultaneously while avoiding any potential problems? What do I need to do to keep the ball rolling forward (and not into a pothole)?

A: Here's my answer:

You (to your current lawyer): "I don't want to use you anymore; I want to use [insert name here]."
 

HomeGuru

Senior Member
What is the name of your state? MN

We’re in (yet another) battle with our landlords over their continued failure to enforce the Use Clause in our lease (retail store, strip mall location) granting us exclusive rights to very specific types of products. It’s come to the point of engaging legal counsel in hopes of terminating our lease, as they have allowed a neighboring tenant (franchise owner and good friend of the landlord) to encroach on this for years. We have lost several clients and untold dollars as a result of the duplication of product offered at discount prices.

Translated: We’re way past a mere “right to cure,” which has been ignored twice.

The attorney we hired, while a nice person, is obviously out of her element, having made two critical errors in our initial approach (and admitting so), as well as needing to consult litigators in her firm every time I ask a question. Four weeks into this, and still, we’re at square one with no response from our landlords.

I feel strongly that since the landlord is refusing to acknowledge our letter of intent to terminate and is not returning her phone calls, we need a more assertive approach...and legal counsel who is more familiar with this type of litigation and adept at making sound decisions.

Here’s my question:

I’d like to stay with the same firm, since their’s a partner there who seems to fit the bill. Is there a correct way to do this so I don’t end up paying two attorneys simultaneously while avoiding any potential problems? What do I need to do to keep the ball rolling forward (and not into a pothole)?

Please advise. Thanks!What is the name of your state?What is the name of your state?
**A: fire your attorney and get a better one.
 

MN_Retailer

Junior Member
My mistake for not wording my question more clearly:

Is their a proper method that this action needs to follow to avoid duplication of billing or conflict of interest (ie, must be done in written form, must include specific language, etc.)?
 

HomeGuru

Senior Member
My mistake for not wording my question more clearly:

Is their a proper method that this action needs to follow to avoid duplication of billing or conflict of interest (ie, must be done in written form, must include specific language, etc.)?
**A: did you understand my post?
 

MN_Retailer

Junior Member
The intent, yes.

I’m asking for the most appropriate method since I know from my own line of business there are specific ways to do things that alleviate possible conflict of interest or other legal issues.
 

seniorjudge

Senior Member
Q: I’m asking for the most appropriate method since I know from my own line of business there are specific ways to do things that alleviate possible conflict of interest or other legal issues. Is their a proper method that this action needs to follow to avoid duplication of billing or conflict of interest (ie, must be done in written form, must include specific language, etc.)?

A: Get everything in writing.
 

MN_Retailer

Junior Member
A: Get everything in writing.[/QUOTE]

Thank you; much appreciated.

If I might be so bold as to ask a second question—Do I need to wait until the first (aka: soon to be “past”) attorney receives that written notice, or can I safely speak to the other attorney in her firm now? She won’t be back from vacation until next week (yes, another frustration), and I really need to get things moving again now.
 

HomeGuru

Senior Member
A: Get everything in writing.
Thank you; much appreciated.

If I might be so bold as to ask a second question—Do I need to wait until the first (aka: soon to be “past”) attorney receives that written notice, or can I safely speak to the other attorney in her firm now? She won’t be back from vacation until next week (yes, another frustration), and I really need to get things moving again now.[/QUOTE]

**A: go right ahead. start talking.
 

seniorjudge

Senior Member
Thank you; much appreciated.

If I might be so bold as to ask a second question—Do I need to wait until the first (aka: soon to be “past”) attorney receives that written notice, or can I safely speak to the other attorney in her firm now? She won’t be back from vacation until next week (yes, another frustration), and I really need to get things moving again now.
**A: go right ahead. start talking.[/QUOTE]

And the sooner the better.
 

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