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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Property dispute with out justification, one lawyer demanded

Customer Question

property dispute with out justification, one lawyer demanded a gate be removed, he set 3 appointments with land owner attorney and then cancelled them, he sent a registered letter to the LAND OWNER INSTEAD OF HIS ATTORNEY. months later he was seen on the land owners drive way with his client. He was tole by the land owner that 2 attorneys checked deeds and maps and said his client had no reason to cross his property to get to the easement. The attorney attacked the land owner telling him he used racial slurs, called his client a Spic what ever that is. He went on t ACCUSE HIM OF INSTALLING A 5' yellow steel pole on his client property, The post was put there by AT&T because his Client vandalized the phone service if the land owner 3 times over the past 8 years, Land owner called him a liar and said to deal with his attorney, he aske who was his attorney, he knew because he was notified to deal with him on anything concerning the dispute. No one heard from in in over 2 years, he filled a complaint using the letter that was not valid because it had no cause of action. He asked the Judge to punish the land owner 100.00 a day from the date of the letter in 2012, He accuse the land owner of racial slurs and calling his client a spic and installing the post, He asked the Judge saying it was his first time asking for extraordinary damages. He asked the judge to give his client a protective order, the land owners has been vandalized by his client for years and had incident reports, he had terrorized a young mother with 2 small kids when she reported him for cutting down her trees, tole he he killed women and children in NAM, He lied to his attorney that he was rewarded the Congressional Medal of Honor is was a lie. The list goes on and on, My quest is how can the attorney violate the rights of the land owner to be represented by his attorney? The dispute would have been settled the first meeting. How can he think the judge will punish the land owner based on him manufacturing evidence. Does the land owner have any recourse for this attorney actions.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, was there a hearing in front of the judge as yet?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
The complaint was filed in Chancery court
Customer: replied 1 year ago.
No court date set, every thing in the letter he sent complain about the gate was taking care of by removing the gate and post, even though it was no caused by the attorney. It had been drug traffic going in and out to the previous land owner of that property, when he lost the property we put a gate up to stop the traffic. It was only temporary asthe attorney was told.
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
Let me answer this situation point by point. First of all the attorney here is not representing the land owner, and the attorney is free to use known and existing information for the benefit of his actual client. The attorney cannot actively lie as it would violate rules on professional ethics but can use information that was provided to him by his client (unless knowingly false) even if that information is not accurate to attack his opponent. To use the Medal of Honor example, if the client told his attorney that he was awarded this medal, the attorney can take that information at face value and utilize it, as he has no inherent obligation to double-check or ensure that the information is accurate. Now, if the opposing party proves that the information is false, it will make the testimony of the other party appear to be false and no longer believable, but that is generally not the attorney's responsibility. There is no violation of the landowner here because the attorney does not owe him a duty--as an example if the client told the attorney that the landowner was breaking down his property, that attorney can use that information to pursue the landowner (even if that information is completely false). The landowner can use his information and proof to disprove the statements and actually show what is really taking place, but unless the attorney knew that the information is somehow false and utilized it, there is no violation under professional conduct.
As far as your question about the judge, that is also my point--if the landowner can easily show that the information about him is false, no judge will uphold such demands and may dismiss them outright. If there is really no cause of action, the judge may deem the filings 'frivolous' and can then also admonish the attorney over bringing useless claims that wasted the court's time as well.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
Why about the attorney that represents the land owner, Clients attorney made 3 appointments to meet the land owners attorney 3 times and each time before he was suppose to meet to settle the dispute the client attorney cancelled, later owner a registered that was suppose to go to land owners attorney giving him 30 days to remove the gate, My attorney when complaint was received in 2015 and it was sent to him he made a note at the top of the letter that he had never received the letter
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
If the attorney for the land owner is not adequately representing, he can be fired and a new attorney hired to assist the land owner further. That attorney has no obligation to file a grievance of a complaint against the other counsel as that attorney, while perhaps being difficult to meet with, is not actively violating state regulations by doing so.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
Not true, the attorney and the land owners was leaving to meet the client attorney when he called and cancelled.
Expert:  Dimitry Esquire replied 1 year ago.
I am sorry, what part is not true, that the land owner can fire and hire a new attorney? No, that is true, any client is always free to fire the attorney if they are not satisfied with his work or service. They would just have to pay the attorney for work done up to that point. As far as cancellation, I am not clear on the relevance, and again, it is not a violation to cancel appointments and then ask to reschedule them.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
The land owners attorney is also a Judge, the client did not want to settle the dispute of a gate, THAT WAS THE COMPLETE COMPLAINT, IT SEEMS TO BE A VINDICATE BECAUSE HE CALLED HIM A LIAR. THE LAND OWNERS ATTORNEY DID HIS JOB ,THE RIGHTS OF THE LAND OWNERS WAS VIOLATED
Customer: replied 1 year ago.
The land owners attorney was always available and the clients attorney cancelled all three appointments violating the rights of the lAND OWNER TO BE REPRESENTED BY HIS ATTORNEY AFTER THE CLIENTS ATTORNEY WAS NOTIFIED TO SENT ALL DEALING TO HIM.
Customer: replied 1 year ago.
THE lAND OWNER WAS PROPERTY REPRESENTED ,THE CLIENTS LAWYER REFUSED TO MEET AFTER HE CANCELLED 3 APPOINTMENTS
Expert:  Dimitry Esquire replied 1 year ago.
I am sorry,
What specifically is your follow-up question? There is no need to type in all capitalized letters, that is seen as shouting, and I can review the posts as it is written.
Customer: replied 1 year ago.
a simple land dispute against a land owner, it did not warren a law suit. Land owners was denied the right to represent his client because the Clients attorney did not have a case and disappeared for a couple of years.
Customer: replied 1 year ago.
This was a trivalent law suit the clients attorney filed, like he was trying to get a default judgment like he did the letter he used to file the complaint.
Expert:  Dimitry Esquire replied 1 year ago.
Hello,
My apologies but that is simply untrue. It is not up to anyone to state what did or did not warrant a law suit, and in the US anyone can file suit if they deem it necessary. I agree that most conflicts can be resolved outside of court, as going to court is expensive, stressful, and uncertain, but it is up to the plaintiff (and then the judge) to see whether a law suit is warranted or not. A person cannot make another person agree with them if they do not wish it, and ultimately the final arbiter for disagreements are the courts. As far as being denied to represent, that is not accurate--if the land owners felt that the case was frivolous and a waste of time, they could have pursued this case anyway or filed for 'wrongful institution of civil proceedings' to recoup losses. But the fact a case was dismissed before does not bar that case from being brought up now except if the statute of limitations expired, or if the courts in the past ruled that when the motion was dismissed, it was done so 'with prejudice', which would mean that this particular cause of action can no longer be filed and brought back to court for review. If he tried to get a default judgment and failed, he can try again provided there is still time based on the statutes of limitation.
Sincerely,
Dimitry, Esq.
Kindly do not forget to positively rate my answers to you at this time, thank you!
Customer: replied 1 year ago.
The land owners attorney made 3 had 3 appointments cancelled by the clients attorney, he never rescheduled them. It was no refusal to settle this dispute. the letter of complaint was to remove the gate and post, which was done, later it was proved the land owner did ot have to remove the gate by his attorney. The attornet also put the clean clause on the answer.
Expert:  Dimitry Esquire replied 1 year ago.
Then I am sorry, I do not understand the issue here. Are you angry that the attorney never rescheduled it? That does not rise to malpractice, and I would again reiterate that if you were unhappy with the attorney being utilized, you were free to inform him of proper actions or fire him and retain someone else. Beyond that I am not clear as to the issue under this dispute.
Sincerely,
Dimitry, Esq.