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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7308
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I just have a few more questions. Our attorney we got for

Customer Question

I just have a few more questions. Our attorney we got for this case is a real piece of work, he doesn't seem to have any clue here. At this point it's a he said/she said thing on the notice, and I have already spent way too much money in attorneys fees on this damm case. I cant possibly pay this guy to go forward any further. I'm fine with settling, I wanted to pay and stay as I've had the rent all along and the court has it all in escrow now, but I'm also fine with settling and moving out at the end of august. I just cant get the other side to deal with me, and the attorney I hired is too inept to settle this thing and I dont want another charge from him for going to this conference on thursday. He says if I send a Notice of Intent To Vacate, arranging for the moneys to be transferrd from the court to them, and agree to pay all of their attorneys fees, the case will be settled. First of all, I dont think I should be volunteering to pay for their attorneys fees. I may very well end up having to, but isnt that something up to the discretion of the judge? And I didnt want to get an eviction judgement on my record, which I guess is probably impossible at this point, but dont I have much better chances on both fronts at the settlement conference with a judge there? I dont feel good about having these attorneys construct the settlement and just jack up as many fees on both side for me to pay. Can I just show up to the conference on Thursday on my own? Do I have to officially fire my attorney on record to do so? I want to settle this case as quickly and cheaply as I can, with my best chances of least attorney fees and official judgement on my record. But I dont know my best next step to take?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 11 months ago.

Do I have to officially fire my attorney on record to do so?

In a word, "yes". Once you have no attorney, they have to deal with you directly. Even with an attorney you can go directly to the other client and work out a settlement if you wish. I caution you though you cannot work out a settlement and at the same time request that the judge make decisions on certain issues. An eviction case is either settled or tried.

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Customer: replied 11 months ago.
Are the itger sides attirbeys fees automatically something im.going to have to pay? I heard judges often dont rule agaibat tenant to pay other sides attorney fees but I font know?
Expert:  Irwin Law replied 11 months ago.

I don't know what is the common practice in your jurisdiction every judge handles these cases differently. If you breached the contract for rental, then the end result will probably be an award of attorney fees, but that is not absolute, and if the other side demands more money than you think you should have to pay, then the matter should go to the judge. That means no settlement.

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