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lawpro
lawpro, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 22747
Experience:  Over 20 years experience handling landlord tenant problems for commercial and residential.
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Is it proper to give information to a lawyer that i do not

Customer Question

Is it proper to give information to a lawyer that i do not retain because the defendants have no information to give to the attorney representing them in a civil case that I filed claiming 11,900.00 for breaking their lease.The tenants rented my 3 bedroom apartment at 1700.00 per month, 1 year lease. After living for 5 months, they left and told a neighbor that they do not want to live with an African. They rented my apartment because they thought i was Jamaican. When I invited them to discuss their concerns, they did not respond. They had pets, supposed not to live with pets. The dog damaged the carpet, and left foul ordor. They bore holes in the bath tubs, and damaged the wall when they probably removed items nailed to the wall. I did all repairs, but claiming 7 months rent. They did not pay the final month. Security deposit applied to that month. The lawyer is requesting the lease with the tenants, receipts of payments, the deed of my property, all information leading to the claim,including photos, and all other records. Trial is scheduled on 12/03/2013. She threatens stopping the case from moving forward. Please advise me. why won't this attorney get information from her clients? Why do I have to give the deed to my house to her in her chambers and not before the judge?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  lawpro replied 5 months ago.
Hi! My name is XXXXX XXXXX X'll be the attorney assisting you.

So the defendant's attorney is requesting the information pursuant to "discovery" - correct?

Did they send you formal requests for discovery?
Customer: replied 5 months ago.

Yes , she sent me a formal request today.

Expert:  lawpro replied 5 months ago.
Then you have to answer their request and give them the information.

We no long go to trial by "ambush" and "surprise" anymore with the hope that if both parties know all the facts and evidence - they may settle out of court without the necessity of a trial.

Discovery
is a category of procedural devices employed by a party to a civil or criminal action, prior to trial, to require the adverse party to disclose information that is essential for the preparation of the requesting party's case and that the other party alone knows or possesses.

Civil Procedure

Discovery devices used in civil lawsuits are derived from the practice rules of Equity, which gave a party the right to compel an adverse party to disclose material facts and documents that established a Cause of Action. The federal rules of Civil Procedure have supplanted the traditional equity rules by regulating discovery in federal court proceedings. State laws governing the procedure for civil lawsuits, many of which are based upon the federal rules, have also replaced the equity practices.

Discovery is generally obtained either by the service of an adverse party with a notice to examine prepared by the applicant's attorney or by a court order pursuant to statutory provisions.

Discovery devices narrow the issues of a lawsuit, obtain evidence not readily accessible to the applicant for use at trial, and ascertain the existence of information that might be introduced as evidence at trial. Public policy considers it desirable to give litigants access to all material facts not protected by privilege to facilitate the fair and speedy administration of justice. Discovery procedures promote the settlement of a lawsuit prior to trial by providing the parties with opportunities to realistically evaluate the facts before them.

 

[http://legal-dictionary.thefreedictionary.com/discovery]



So, you do have to answer the attorney's discovery requests - if you don't the court/judge may sanction you AND even dismiss your case with prejudice - you lose!

Answer the attorney's requests and maybe you won't have to go to trial.

There is nothing in those requests that you won't have to produce at trial to win your case.

Kindly do not forget to positively rate my answers so I can be compensated for assisting you.

Thank you!


If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).
Customer: replied 5 months ago.

I am satisfied, but need this follow up question.
since I did not include claim for damages to the apartment, can i do so and at what point should i submit the claim for damages. i have receipts and invoices for all repairs.

Expert:  lawpro replied 5 months ago.
Yes, you should also amend your complaint and add any and all damages the tenant caused - you want to do this as soon as possible so that you have 1 hearing - not multiple hearings.


You want to give them an itemization of damages the tenant caused and either receipts for your materials or estimates from contractors for the repairs.

Kindly do not forget to positively rate my answers so I can be compensated for assisting you.

Thank you!


If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).


lawpro, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 22747
Experience: Over 20 years experience handling landlord tenant problems for commercial and residential.
lawpro and 4 other Landlord-Tenant Specialists are ready to help you
Customer: replied 5 months ago.

This is qestion for Law Pro

Expert:  lawpro replied 5 months ago.
I am LawPro - Fred is my real first name. Can I answer or explain something further for you?

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