Neighbor problem

[jusme]

Thanks HomeGuru for your comments,advice and patience and your humor. Every thing is at a stand still now until the first of the year.

Missed hearing from IAAL through out these many posts. He is informative also.

If anything takes place from now to the first of the year I'll inform you.

 

[HomeGuru]

Ok.

 

[jusme]

To update this situation:

I got a letter today from the lawyer that sent the letter for me to the neighbors. I only retained him to write the letter as of now. In the letter was a copy of the written response from the neighbors and they had a lawyer write a letter for them. They also had a copy of a aborist report they had gotten.

The response from the lawyer they had gotten to write the letter was not accurate, therefore I have to assume the neighbors did not reveal everything.The aborist report they had gotten was not complete. He(aborist) indicated that the the tree was healthy. To me it makes no difference if it is healthy or half dead it doesn't take away from the root problem at my house.

If I choose to(if I have to)represent myself can I call their lawyer and explain what needs to be said? I would be glad to send their lawyer copies of my aborist reports.

I want to try and call the lawyer that wrote the letter for me, but I think at this time he is going to charge too much.

Thanks

 

[HomeGuru]

You can try without an attorney but that would just be unwise.

 

[jusme]

I know you are right about having lawyer represent me, but if I can't afford the fees I have no choice but to put situation on hold or wait for damage and then persue it through insurance and/or court or tell the agent if they sell.

The question is can I contact their lawyer if this has to be put on hold? I feel he has not heard what he should have been told.

Thanks HomeGuru or anyone.

 

[HomeGuru]

I know you are right about having lawyer represent me, but if I can't afford the fees I have no choice but to put situation on hold or wait for damage and then persue it through insurance and/or court or tell the agent if they sell.

The question is can I contact their lawyer if this has to be put on hold? I feel he has not heard what he should have been told.

Thanks HomeGuru or anyone.

**A: in your previous posts you stated that you had an attorney.
Did you really have an attorney then or did you just tell us that you did.

 

[jusme]

I had talked to these neighbors many times and got nothing from them, so I thought if a lawyer wrote them maybe that would get them to work with me. I contacted this lawyer and met him at his office and we went over all details and I paid him for writing the letter.

Honestly, we thought the letter would be a big help in solving the problem, but this lawyer and I did not discuss his fees for court,etc.,so to a degree I did retain him for the purpose of writing the letter.

The copy of the letter I received yesterday from their lawyer indicated that he(their lawyer)was retained for the purpose of responding to my lawyers letter and he wants copies of my aborists reports which is fine with me.

I do feel that he is going to charge more than I have to spend to pursue this to court that is why I asked the question in the previous post in case I can't continue with him and if I had what he would charge I could still lose in court.

So in reality I have a lawyer to this point, but can't say I can stay with him due to the expense. If I have to drop this until further notice I would want to talk to their lawyer. I wouldn't mislead you HomeGuru and if I did I apologize.

 

[HomeGuru]

Ok, if you do not have an attorney, you can correspond directly with the other attorney. Just state your position and give the facts including your arborist reports. Do not admit to anything or agree to do anything.

 

[jusme]

I want to talk to the lawyer(the one that wrote letter for me) tomorrow since I haven't been in touch with him since receiving copies from neighbors lawyer. I will find out if he is going to send copies of my aborists reports to the other lawyer or he wants me to send them.

I will also inquire about his court fees and time.

Will keep you posted after I talk to him.

Thanks HomeGuru for your imput and patience. This forum is priceless and you and the others don't know how much it means to be guided when someone is going in circles and doesn't know straight up.

 

[jusme]

Can you believe it here is another question.I guess I'm just trying to cover any issue before I goof.

In the event the lawyers fees are too much and the situation is dropped for the time being should I get in writing from the lawyer I have now that he no longer represents me before I talk to neighbors lawyer?

Everything these days seem to have to be in writing for it to carry any weight.

Thanks again.

 

[HomeGuru]

Can you believe it here is another question.I guess I'm just trying to cover any issue before I goof.

In the event the lawyers fees are too much and the situation is dropped for the time being should I get in writing from the lawyer I have now that he no longer represents me before I talk to neighbors lawyer?

Everything these days seem to have to be in writing for it to carry any weight.

Thanks again.

**A: yes, but I doubt that this attorney actually represents you if you only hired/paid him/her to write one letter and did not sign an engagement letter.

 

[jusme]

Here I am again:

After 4 days of trying to reach lawyer(that wrote letter for me)he called today. He said he would send my aborist reports to neighbors lawyer.He didn't think sending them would change anything. Their lawyer requested these, so now they can't say I did not cooperate. I felt it best to have them sent although I probably owed their lawyer nothing.

My "not retained" lawyer asked what I would want from judge after I told him about claims court and there being no money damages as of now.

I told him I would like for judge to give me relief from neighbors tree by having it cut down and stump ground up,so I would not have roots continuing to grow and I can use and have full enjoyment of my driveway. I now have to park 50' from front of house to avoid debri falling on the car. The lawyer didn't indicate what court could be used based on my request. These courts in Virginia can be strange.

I feel like everything is going back to square one. UHG! Maybe they will sell and then the agent can come into this.

I asked the lawyer about his fees and it could end up costing quite a lot. He said we would discuss what direction to go after we see what, if anything, comes from him sending copies to other lawyer.

 

[HomeGuru]

OK.

 

[jusme]

Being wrapped up in the moment I forgot to ask your opinion about the below question.

Was it a good move to send these reports to the other lawyer based on my previous post?

Again thanks.

 

[HomeGuru]

Ok, if you do not have an attorney, you can correspond directly with the other attorney. Just state your position and give the facts including your arborist reports. Do not admit to anything or agree to do anything.

**A: I already advised you in this post.