CustomerHere is my plan on how to defend:
1. Agreement and my request that he must include the second defendant company: - copy of my email asking for that and his agreement reply back. - my email stating that i added it myself and a copy of the complaint with added defendant and he removed it. - copy of the printout from the NJ DOB site where the two companies are listed as separate and the agent is working for the one i asked him to add, and not the one that is listed as a company on the contract. - copy of the ad in MLS submitted by the second company that he explicitly removed from the case
2. He did not send me a bill monthly as we agreed in a retainer, but rather a single bill in 6 months. - copy of the retainer - copy of the bill
3. He told me and i agreed that should a retainer be depleted he will contact me immediately to replenish it. I agreed - have an email exchange for that. He told me in the final and single bill he sent me that my bill is replenished and i owe him 4000 I was total under impression that my initial retainer is still not utilized.
4. I asked him to specifically allege the existence of fiduciary duties from the RE agent to me and he agreed and he did it in the original complaint. I have a copy of the complaint to prove it and copy of the summary judgement brief where he is not even mentioning it. (he simpy forgot and that cost me the case since judge accepted that agent is not a fiduciary and deemed the exculpatory clause valid, since she thought there was not an obligation to perform and no public utility or common carrier are involved, which is completely incorrect. I asked his explicitly to add that and i shared my case with him and the case that ***** ***** successfully tried and my lawyer still ignored it.
5. I explicitly told him what documents were provided by the agent about financial condition of tenants, and sent all of them to my attorney and event did a nice analysis of it and asked to certify that only about 30% of documents were provided (despite my re agent claim that she provided all documents). He agreed to include all of it. Yet my attorney ignored it and simply agreed with the opposing counsel that all documents were provided by agent as she claimed - i have copies of my emails, and copies of his understanding and then in the complaint he just agrees that all documents were provided. Does it make sense from your perspective - am i on the right track?