Annoyed at my attorney - Suggestions?

Xophe · Post by **Xophe** » Mon Mar 10, 2008 5:33 am

Greets all,

As an exercise in assertiveness, I've decided I need to speak with my attorney and ask him to be a little more assertive as we go through the procedure of buying a house. And honestly, I'm a little nervous about it.

Here's the background – my girlfriend and I won a “lottery” of sorts for the opportunity to buy a refurbished condominium at much less than its appraised value. (It's all on the up and up – it's a program that the city sponsors). We made our deposit and committed to buy back in August of 2007. The place is almost completely built, but it seems that completion has slowed to a crawl. I asked my attorney to call the developer's attorney and get some answers as to when they estimate work will be done and we can go to closing. The answer came back as “1-2 months” (this was 2 weeks ago).

I know for a fact that's too optimistic. Once work is done, it's at LEAST 2 months for the city to approve that the place is ready to be lived in. My attroney knows this as we ll as I do (or he should know), so I'm a little annoyed that he took that answer at face value. When I spoke with him about it, he suggested I give my poc at developer's co. a call and ask if this is accurate. He also suggested I get the name of the contractor, the people actually doing the builfing work, and maybe try to contact them directly.

Isn't this his job? I mean, an attorney is supposed to do more than just make sure all the legal angles are covered – he/she is there to be your spokesman and get on the developer's case when it seems there are unusual delays, correct? He/she's there to spend the time and aggravation getting answers to such things so that you don't have to, correct?

I'm trying to think of a nice but assertive way to ask him the same question. But, this is new territory for me, so I'm not sure if I'm expecting too much of my attorney and his role in the whole process. He's a good guy, and I'd hate to sour our relationship by implying that he's not his job, but at the same time I feel like saying “You're my attorney, you're not my friend – call these people, do what you have to do to figure out what the holdup is, tell me what our options are, and that's all I'm going to say on the matter - goodbye.”

Suggestions?

Guest · Post by **Guest** » Mon Mar 10, 2008 5:46 am

I'd say omit, "you're my attorney part not my friend, and just begin the phone call with I need you to call these people and find out this, this, and this, and get back to me no later than this date. I'd also like to know what my options are. Thank you, I look forward to hearing from you. Keep it short and to the point. No questions only statements.

Guest · Post by **Guest** » Mon Mar 10, 2008 6:48 am

Thank you - that makes excellent sense.

I left that message with his secretary just now. I'm anticipating that he'll call me back today as soon as he gets the message. Do you (or anyone else reading this) think I should bother to answer, or not answer and let the message stand?

I feel the confident thing to do is answer, the cowardly thing is to let go to voice mail. But, I really don't want to give him the chance to talk his way out of doing what I've asked him to do.

Thanks - I feel a little silly asking for so much help in this, though I know I shouldn't. As I said, this is new territory for me...

Guest · Post by **Guest** » Mon Mar 10, 2008 7:10 am

Just remember that he is your attorney...IE - he works for you. You would expect anyone else working for you to do their job...expect no less from him.

I would answer the phone and be very direct. Yes, No, thank you, etc. Don't give him explanations or justifications and don't let him give them to you either. You are the one in charge...just be polite and direct and I think you'll not only get your answer, but also feel better about the way in which you handled this!

You can do it! Congratulations on the new place, btw!

Best,
Dawn

Guest · Post by **Guest** » Mon Mar 10, 2008 8:28 am

Hi,

this I can help with, I work with a lawyer directly. In Canada we have something called the Law Society of Upper Canada which is the regulatory board for lawyers/paralegals. If there is any issue or complaint then the public contacts the Law Society and they start investigating the lawyer.

I can tell you lawyers dont always do what they;re supposed to, they are busy and their attention is always being given somewhere-I suggest keep calling if you dont get a response, they dont mind and its the only way to catch their attention..

I would suggest contacting another lawyer and getting a second opinion.

The KEY to law is writing- write a letter to your attorney directly telling him you need a definite response in writing from the other attorney on dates etc. tell him you are disapointed and will take further steps if necessary to ensure the proper steps and completed.. I promise you'll get an instance response- they cannot blow things off when it is in writing- trust me write- respectfully but assertively.

Exactly- he works for you- bother him and write till you get where you want..
try not to be intimidated these people put on their pants the same way you do! its just another profession and THEY WORK FOR YOU!
good luck!