Friend Wants to Drag Me Into Court

[Mrs. D]

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

I have a friend who is currently renting an apartment on a month-to-month basis. Her apartment is a total rip off, but, as far as I can tell from having been in there numerous times, completely legal. There have been a few code violations in other apartments in her building, and some of the required features in her apartment are provided in a somewhat haphazard way (like those screens you just put in under the open window...sure, they meet code, but just barely). Anyway, in my opinion, the apartment is legal and up to code (if small, poorly decorated, inadequately laid-out, and overpriced) based on what I have seen.

My friend has found a cheaper, larger apartment in the neighborhood. The current tenant is breaking his lease, and is pressuring my friend to sign a lease for March 1 if she wants it. She definitely wants it, and asked me to look at it with her this weekend. When the current tenant mentioned the March 1 lease start date, I asked my friend if she had to give 30 days notice. Her response was "technically, yes, but I got electrocuted in my apartment and I'm leaving...she [her current LL] can sue me if she wants."

Fine, I did my due diligence to try and save my friend some time, money, and hassle. Yesterday she calls and says her LL is raising a stink about moving out without the required notice (big surprise), and that the LL told my friend that she does not have the required proof of a code violation re: the electrical. So my friend says "you've seen me get shocked by the switch by the sink." I have seen no such thing, much less her being "thrown back against the wall" as she claims. So I tell her as much, and that I will not appear in court on her behalf as I have no evidence or testimony to provide on this matter. She is a lawyer, admitted to the bar but not practicing. She claims she will get a summons for me to appear, and have me charged with perjury if I don't testify that I saw her get shocked. I am unsure as to whether a summons can be issued for a witness small claims court. I have found nothing on the web except that, in DC, witnesses are permitted in small claims. Additionally, I am unclear as to what proof is needed for a claim of perjury. Even if I was ultimately found "not guilty," simply the charge could ruin my career. If anyone can provide information on summons or perjury rules in small claims, that would be helpful.

 

[cyjeff]

You cannot be charged with perjury unless you lie to the court.

If you are summoned, tell the truth about what you did or did not see to the best of your recollection.

If you didn't see your friend get shocked to the best of your recollection, that is what you say....

Her threatening you to provide testimony that may be false is, um, troubling.

 

[applecruncher]

I would cease all communication with this 'friend' , go on with your life, and stop fretting about what she might do. Period.

 

[Mrs. D]

You cannot be charged with perjury unless you lie to the court.

If you are summoned, tell the truth about what you did or did not see to the best of your recollection.

If you didn't see your friend get shocked to the best of your recollection, that is what you say....

In the grand scheme of "doing what's right and lawful," I know this. My question is more can she just say that I am lying and cause me to be arrested? I would think that she would need some proof that my statements are false? Also, it was my understanding that only voluntary witnesses were allowed in small claims, although that might not be true everywhere, which is why I asked. While she is admitted to the bar, she has never practiced real law (lobbyists, ugh), and small claims isn't exactly something they cover in law school or very thoroughly on the bar, so I doubt she's any more familiar with the rules of small claims court than the average well-informed citizen.

Her threatening you to provide testimony that may be false is, um, troubling.

Her behavior is quite disturbing, but it is well in line with a recent trend with this one. We have been friends for years, and she has always been able to manipulate circumstances to her advantage. In general, in the past, this has not been a bad thing. She didn't get stellar grades in high school, so she started at a community college, worked her hind off, and got into a great school on transfer, for example. Lately, though, there have been some serious infractions of ethics in pursuit of "whatever she wants," IMO. I haven't made any comment about them so far, because I have operated on the "give someone enough rope" rule. But now she is threatening to hang me with that rope, and I'm done ignoring it.

 

[cyjeff]

Then state that, if legally summoned to appear, you will tell the truth to the best of your recollection.

I don't know if she can subpoena you in small claims... I haven't researched it... but it seems like a stretch....

 

[Alaska landlord]

The Judge will see this for what it is. The fact that you are her witness and cannot collaborate her story will speak for itself in court. Your concern should be that she will become your mortal enemy and she may attempt to ruin your life through frivolous lawsuits. You might consider sending her a certified letter stating that you will not perjure yourself with a copy to one of your attorney friends. This could get ugly.

What I find interesting is that the landlord rented to an attorney.

corrected missing word.

 

[Mrs. D]

What I find interesting is that the landlord rented to an attorney.

Impossible to avoid in DC. There are more attorneys than rats here. Honestly, knowing many attorneys, they rarely have time to worry about such frivolous things as suing their LLs over a few thousand dollars or less (when you're making $250K+ and working 90-100 hours a week, it's the last thing on your mind). In fact, I wouldn't be surprised, with the workload of typical attorneys, if LLs could screw them over for their SDs and what not without a peep. And I honestly don't know if my friend's LL knew she was an attorney when she rented to her. She is a registered lobbyist, so her occupation on the application would not have been "attorney," and most applications I have seen don't ask for an educational history.

I'll see if I can get one of my real attorney friends to help me out (you know, the kind that actually practice law). I don't know anyone specifically in LL/Tenant law, but I'm sure I could find someone to help me out with basic criminal stuff (the perjury) if I call enough people.

 

[ecmst12]

It's DC, AL, EVERYONE is an attorney. Landlords would be broke if they made such distinctions.

OP, you are clearly worried FAR too much about a subpeona that you will probably never get. Your friend would be a moron to have you testify when she knows you can't support her claims. IF you ever get the subpeona, worry about it then. For now, ignore what is most likely an empty threat.

 

[Mrs. D]

OP, you are clearly worried FAR too much about a subpeona that you will probably never get. Your friend would be a moron to have you testify when she knows you can't support her claims. IF you ever get the subpeona, worry about it then. For now, ignore what is most likely an empty threat.

I worry because the ethical violations she has committed have led her to become litigious with others, and I don't want to be next. She is suing her former employer for breach of contract (she lied, to some extent, about her educational background, and they fired her). Her current employer has hinted that they know about this lie (she told them the SAME lie), and she has basically told them that if they fire her, they get sued. I also suspect, based on strong circumstantial evidence, that she is overbilling many of her clients. She has made numerous claims against service providers (cable, car rental, and dog walking) that were completely untrue, and actually filed suit in one of these, which forced the company to settle for what she wanted rather than defend a frivolous lawsuit. Like I said, her behavior has become increasingly suspect, and so, yes, it worries me. The best offense is a good defense, and I'd like to do whatever I can NOW to protect myself in the future.

 

[Mrs. D]

Well that was Fast

This morning, I had a courier delivery from my friend's firm. Unforch, her lobbying firm is also a law firm. So now I have a letter from a partner (not an associate, A PARTNER), saying 3 things:

1.) They are requesting a statement from me, to be forwarded to the landlord, regarding the "dangerous conditions" I have witnessed in my friend's apartment.

2.) Putting me on notice that I may be called to testify in court. I am expected to show.

3.) Stating that if I don't provide a complete and accurate statement and testimony in any court cases, that they take the position that I have materially damaged my friend's interests.

So, I guess my first two fears were allayed. It appears that they can't subpoena me and have dropped the perjury facade. But AL was on the nose, threatening civil action. I have forwarded the letter to a lawyer friend to draft my response (stating that I have seen her use that switch many times without incident, though she once told me she was shocked by it). Anything else I should know? I can't really keep bothering the lawyers, since they have lots and lots of work to do that is way more important than my petty small claims mess. I'm not answering her calls (every 5 minutes...ugh). I fortunately enough work in a building she can't get into. I don't think I have any evidence to gather, but am I forgetting something?

 

[cyjeff]

This morning, I had a courier delivery from my friend's firm. Unforch, her lobbying firm is also a law firm. So now I have a letter from a partner (not an associate, A PARTNER), saying 3 things:

1.) They are requesting a statement from me, to be forwarded to the landlord, regarding the "dangerous conditions" I have witnessed in my friend's apartment.

Requests are fun.

They can also be declined.

2.) Putting me on notice that I may be called to testify in court. I am expected to show.

Blather.

Of course if you are called into court you will show... if subpoenaed.

3.) Stating that if I don't provide a complete and accurate statement and testimony in any court cases, that they take the position that I have materially damaged my friend's interests.

Of course you will answer the court truthfully and accurately.

Truthful and accurate testimony, even if it harms her case, is not actionable.

So, I guess my first two fears were allayed. It appears that they can't subpoena me and have dropped the perjury facade. But AL was on the nose, threatening civil action. I have forwarded the letter to a lawyer friend to draft my response (stating that I have seen her use that switch many times without incident, though she once told me she was shocked by it). Anything else I should know? I can't really keep bothering the lawyers, since they have lots and lots of work to do that is way more important than my petty small claims mess. I'm not answering her calls (every 5 minutes...ugh). I fortunately enough work in a building she can't get into. I don't think I have any evidence to gather, but am I forgetting something?

I wouldn't answer the calls... well, maybe, except to say that since she has decided to use a legal team to dialogue, that you will not communicate with her or her attorneys AT all until YOUR legal team determines it is in your best interest to do so.

Click.

 

[ecmst12]

Call the partner, tell him you haven't witnessed didly and he doesn't want your statement because it won't help her case. Or send a letter. You have ZERO obligation to protect this chick's interests, you have no duty to her whatsoever. Tell them you'd appreciate no further contact from either of them.

 

[cyjeff]

Call the partner, tell him you haven't witnessed didly and he doesn't want your statement because it won't help her case. Or send a letter. You have ZERO obligation to protect this chick's interests, you have no duty to her whatsoever. Tell them you'd appreciate no further contact from either of them.

Are you sensing that the OP's friend may not have told the lawyer she is working with that the OP didn't see the incident in question and is being badgered to provide false testimony?

 

[Alaska landlord]

I would stop all communication as anything said or written will just give her ammunition for her next lawsuit. (That will be the one against OP) She is one sick puppy and OP has to learn to think like her to beat her.

Yes this could be fun but also expensive for OP. OP may want to brush up on harassment laws.

I was thinking that since her attorney is a partner of your firm, there is more at stake than just your case or hers. Her attorney will use that as leverage to coerce you to testify on your friends behalf. Of course they will not ask you to lie, but you may find that your firm will attempt to pressure you in some form though in a subtle manner. It may just be in your interest to just comply, but have it your way too by just stating what you know to be the truth. For example, in your letter to the landlord you may state the truth to the best of your ability regarding any violations.

 

[Mrs. D]

I have not witnessed any violations, to the best of my knowledge, in her apartment. I have witnessed violations in the building, but those don't affect her (for example, another apartment had a broken window that was not fixed for a goodly period of time, and when a new girl moved in she wasn't provided with screens - as far as I know the LL gave them to her as soon as she asked...again, none of these affect her).

The letter from the firm specifically mentions an "incident involving the electrical fixtures in the kitchen area of the apartment" as the "dangerous conditions." I maintain that I have witnessed nothing to that effect (in fact, I have used the switch in question, as well as the other outlets in the kitchen, without incident). I have informed my lawyer friend of all of these facts, and he said he'll draft a response including them and get it to me this evening. He's not my lawyer, however, just doing me a favor (that's a given unless you're paying someone), and I'm the one who signs the letter after reviewing it for accuracy.

I'm hoping this partner has more sense than she does, and takes my letter as a firm statement of everything and anything I know regarding this "incident" and drops it.

I don't care if I have to go to court and say these things again, I'm only concerned that she will bring some kind of suit involving the "material damage to her interests" alluded to in the letter. Fortunately, my cell phone records show all calls, and will illustrate her persistent attempts to contact me today. I suppose if she persists, I could throw a line out there that if she persists in attempting to persuade me to provide false testimony, I will file a complaint with the bar. Her job is contingent on having that license, and so that might get her to back off...maybe?

AL- the partner is at her firm. I don't work at a law firm, though we have a few lawyers in the building.