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How to and who to ask for opposite lawyer to be removed

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ZebraShop

Member
NY State

As landlord I followed all NY State laws/rules and have no complaints from tenant and others on me. I followed required procedure and completed it with Notice of termination of lease. The tenant and others' lawyer repeatedly, implicitly represented a person as part of negotiations or settlements and repeatedly refused to state that he is representing that person. If I agreed to settlement, the person could have stated that I cannot ask her to move out of house according to settlement. Only my signature was demanded by that lawyer on so called settlement agreement. Not any of his clients.

There is a lot more deliberate misconduct of this lawyer and I do not want to deal with him.
He even left rude voice messages demanding I comply with what he specified.

I am pursuing all actions as Pro Se. I just want one thing. How to bypass this lawyer by either
1) asking the lawyer to tell his clients that I do not want to deal with him for violating specific 22 NYCRR 1200 rules.
or
2) contact the respondents directly and state so.
or
3) contact a judge, before or after filing Holdover petitions and show evidence for his misconduct, cite applicability of specific rules and ask for that lawyer not be allowed to represent the respondents. Is any of these possible?

Few things I repeatedly pointed out in communications on record and asked for but he avoided...
Not providing evidence for claims,
added a person in legal communications and what he calls 'proposed settlement' but failed to clearly state he is representing that person in spite of being asked in writing.
Rude voice messages.
After implicitly abandoning the claim of legal basis and later twice offering proposals stating his clients want to leave, he states his clients will not leave.

I could have settled but only if it was negotiated taking my views into account.
It looks like he is not even representing his clients properly.
 


ZebraShop

Member
Also, complaining to Committee for professional conduct is not productive as too much of delay and no transparency. I failed previously to get justice there and they would not even provide document of rules that they use to determine attorney misconduct.

Attorney General's office does not deal with this.

I am a tax payer.
 

quincy

Senior Member
You have no say in who others choose to have as their attorneys.

And you should not directly contact parties who are represented by legal counsel. You need to communicate with the attorney.

You can file a complaint against the attorney with the state Bar if you find the attorney violates rules or laws or you strongly suspect that he is. That is your option.
 

xylene

Senior Member
You need to get a lawyer.

You are not prepared to handle this pro se.

If you as a New York landlord cannot a afford an attorney, you should consider to leave the business.

Something about your description of the situation is very convoluted.
 

adjusterjack

Senior Member
I am a tax payer.
You're also an amateur when it comes to being a landlord.

You have come up against an excellent lawyer who is properly representing his client by steamrolling you and you have no clue how to handle it.

His job is to make you so uncomfortable that you obey his every command for the benefit of his client. He is doing it well.
 

Taxing Matters

Overtaxed Member
Nothing you stated, at least as I understand it, is a violation of the rules of professional conduct. A lawyer being rude to you and being difficult to work with is not a reason for which you can get an attorney removed from representing the opposing side. The opposing attorney's job is representing his/her clients zealously, not making things easy for you. In a landlord tenant dispute, the tenants lawyer is likely to make the landlord's effort to evict his client difficult if he or she is doing the job well. I think you may well need to have a lawyer of your own. Quite often pro se parties going up against lawyers have a very difficult time.
 

PayrollHRGuy

Senior Member
Quite often pro se parties going up against lawyers have a very difficult time.
ZebraShop,

Nobody is telling you things like TM wrote because they think the lawyer is any smarter than you. It is just that lawyer is trained in this stuff and you aren't.

The phrase "Bringing a knife to a gunfight" springs to mind.
 

quincy

Senior Member
There are landlord/tenant clinics sprinkled throughout the state of New York where you can find some legal assistance if you are reluctant to hire an attorney to represent you (although hiring a lawyer probably would be your smartest move).

Good luck.
 

ZebraShop

Member
I fully understand how NY State stacked things against public by not even letting them know the outcome of the determination against an attorney

http://www.nysba.org/resolvingconflict/
"These letters are not made public, but are retained as part of the attorney's record". So the resolving conflict thing is essentially a bullshit NY State runs. There is not even a link to the 22 NYCRR 1200 that NYSBA hosts at http://www.nysba.org/workarea/DownloadAsset.aspx?id=53224

I have already been there once, like I mentioned in the second post. I do not see that it is helpful any way.

While it looks like all of you started focusing in on rest of the claims I made, what I am looking for is one of the three options and you ruled out contacting the actual party that is represented by this attorney. I did not say I wanted to discuss or advice the party who to hire or how they should deal with their attorney. Specifically I said "I want to tell them that I do not want to deal with this attorney".

You did not rule out contacting the attorney but then I could end up the same behavior. That is pretty much what I expect. But there is a chance that if I send the communication to this attorney, saying he violated something and I cannot deal with him, he has an obligation to pass on the communication to his clients and they may make a decision. May be, just may be.

What none of you wrote about is the third part I asked which is "can I tell a judge? either before or after filing petition for holdover". I know that a judge or anyone working at court will not provide legal advice.

Thanks a lot people for pointing out the difficulties but it looks like none of you talked about

1) trying to include some one in settlement, as if they are agreeing to be part of settlement, without stating to all parties that the attorney is representing that some one.

http://www.nysba.org/workarea/DownloadAsset.aspx?id=53224

Here is my take on Xylene's opinion...

"You are not prepared to handle this pro se.
If you as a New York landlord cannot a afford an attorney, you should consider to leave the business.
Something about your description of the situation is very convoluted."


You failed to look at how I forced him to come to settlement, after he claimed full legal rights for his clients. What you posted is an extreme opinion in that, 1) I already handled the communications between the attorney and myself, after he threatened legal action for sending a Notice to Cure, and brought him to offer settlement offers twice. I rejected them because 1) he wanted zero liability, even to the extent that walk out inspection costs cannot be billed. 2) He included a woman without stating, even after I asked repeatedly, that he is representing her. So, it is there you should be looking at.

He trying to get a random person in a settlement. Do you still think he is very good at it?

Let me tell you what he tried now. Now in a motion filed in court, he declared he is representing her. I can show a judge the before behavior and later behavior. What I want to know, because you people seem to be very knowledgeable at these things...

If I show the relevant section article etc about the definition: "fraud" and RULE 8.4. Misconduct: A lawyer or law firm shall not:
(c). engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(e) state or imply an ability:
(2) to achieve results using means that violate these Rules or other law;

So, I see fraud, as defined (I) “Fraud” or “fraudulent” denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction or has a purpose to deceive, provided that it does not include conduct that, although characterized as fraudulent by statute or administrative rule, lacks an element of scienter, deceit, intent to mislead, or knowing failure to correct misrepresentations that can be reasonably expected to induce detrimental reliance by another.

(e) he implied the ability to settle on behalf of the person by including that person in settlement offer.
(2) Certainly he is trying to achieve a result, that is fraudulent.

There are other things like 22 NYCRR 1200.23 Rule 3.1. Non-meritorious Claims and Contentions.

I see that all of you talked about how difficult it is and there is no way I can do anything etc. Is it possible to discuss a bit narrowly about specific rules and their violations and if I can do anything about it by telling a judge? please remember that I already stated I made the attorney attempt to settle twice. After writing a long piece about facts, evidence, my liabilities, possible legal recourse, his clients' types of statuses etc. I made him not pursue all of the claims. The settlement just says they will leave on the day I asked! only ugly points were he did not give me a bit of room about claiming, say, $1000-$5000 damages and just wouldn't state he is indeed representing the third person.

I do not see Xylene even a bit correct because Xylene just jumped the gun without asking more questions. If an issue is to be determined just by looking at one post with say 10-15 sentences, I think this website will be pretty much useless.

If it is always "go find a lawyer", pretty much this website is useless charade, isn't it? I hope you ask more questions to get a better picture.

I had this problem with every single attorney I asked for consultation. After being asked and sending all the documentation, and promising to see all of it before the time of consultation, every single attorney failed at it while charging me $200 or more.

So, that is the reason people show up here asking help. If you repeat the same, yes, you are affirming this website is just as useless as the reason they came here.

So, if you people cannot refrain from vagueness, or not be to the point, I guess we can close this out.
 

PayrollHRGuy

Senior Member
No matter the lawyers "violations" until he has been suspended or disbarred he can act as an attorney in the case. You have no say in the matter.
 
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