Can a law firm you hired, pass you/your case to another law firm without you signing a new agreement with the new law firm?:
My son hired a law firm for a personal injury case. They came to his house to interview him. They decided to take the case. He never heard back from them, that is, until he called them nearly a month later. On that day, they told him that they had given him and his case to another law firm, an affiliate. My son asked, "So when were you all going to tell me that you did this and didn't call to discuss it with me?" "Nor did you send me an email or letter!" "I signed a contract with you all, not this other law firm!"
My son never signed a contract with the law firm that he was shoved over to. We feel that it was wrong of the original law firm to just push him on to another law firm without any notification. Then the new law firm swears that they sent him notice that they were now representing my son, but my son never signed a contract with them. We found out that each law firm is getting paid from the proceeds of my son's won lawsuit!!! That is double dipping!!! Why should both law firms get paid??? Is it even legal for the law firm that you hired, to pass you/your case to another law firm without you signing a new agreement with the new law firm?
Auden’s answer:
There are numerous issues presented here. The most important thing to keep in mind [in general, as it may be moot by the conclusion of the case here] is that no matter what you sign with whom or when, a client is always entitled to fire his or her attorney. The only exception being that in litigation, a withdrawal requires court approval if it is not just a consensual substitution of counsel. However, you might still owe the original/prior attorney for his or her time - either by virtue of the contract and or what is known as "quantum meruit" (basically a principle that means one is entitled to be compensated for one's time and efforts).
I cannot imagine having a client that did not unequivocally know that he or she was my client, and that I did not have written proof of the engagement, communications about the case, etc. So it seems quite odd that you would have a situation in which a case progressed meaningfully at all, much less went to trial or settled, while the client or putative client objects to the representation.
As for double dipping, all fees must be reasonable, so my hunch is that the overall fee to the attorneys is the same, regardless of how many were involved. Attorneys often split or share fees, subject to applicable rules - but that should be in writing and consented to by the client.
Can I remove a judgement that was satisfied before the court date and shows up on my credit report.:
From 2010 to 2014, I lived in an apartment complex. In 2011, I missed a rent payment and was served a 5 day eviction notice and a summons for court. Before the court date, I made my rent payment and all associated late/filing fees were also paid. I did NOT appear before the judge because my account was paid up to date beforehand. I applied for an apartment in Feb. 2015 and was denied because it is showing that I have a something on my credit report saying that I have a judgement for non payment of rent.
How can I correct (i.e. remove from my credit report) this situation? When I access my credit report, it doesn't show up at all. Thank you!
Auden’s answer:
I do agree that your question is somewhat confusing. Presumably you're talking about a default judgment that issued as a result of your failure to timely answer the Complaint. You may have been thinking that tender of the full amount due is a complete defense to an eviction/dispossessory proceeding - and under the right circumstances, it can be (once in any 12 month period). But you would have to file the proper protocol and ensure that the proper dismissal, etc. is timely filed.
Merely paying the amount past due but not appearing in court won't suffice. So again, my hunch is that you got a default judgment issued against you, in which case you may have a very difficult time having it removed. To be sure, this precise scenario exists with one of my clients, and once a default judgment is issued and finds its way to public records, you are most likely limited to an action to set aside the judgment for relief.
Also, there are many CRAs - not just the national three/four - some of which only landlords use to check rental histories. These are still Credit Reporting Agencies that are subject to the FCRA. This probably explains why you don't see it when you review your files from the "Big Three"...
Moving company is adding additional fees and costs that were not originally negotiated, what are my rights: I recently used a mover to move me from Philadelphia, PA to Atlanta, GA. I had an original Binding estimate and paid half the estimate amt @ pickup and was told to pay the remainder upon delivery. At pickup, they said I had more boxes than my inventory list said and added additional charges. I told them I didn't agree to the additional charges they never reissued a new estimate to me.After over a month of hounding them they finally delivered my household goods. When they arrived I had cash money for the original remaining balance. They told me that I still owed additional money, took the money I had as the remaining balance, and left with my money and my items when I wasn't watching. When I called them to ask where they were going they told me McDonald's and that they'd be back in 10 min.After an hr.I called the moving company and they told me they my things were taken to storage because I didn't pay the entire balance.I don't have reciepts, paperwork,furnit.,or money.I have contacted them numerouse times for receipts and paperwork and they say they will fax it and never do. What should I do?
Auden’s answer:
With respect to interstate moving carriers [as opposed to intrastate carriers - i.e. from one point to another, entirely within the same state], your rights and remedies as a consumer and "shipper" of goods are severely limited by a Federal statute known as the Carmack Amendment [to the Interstate Commerce Act; 49 U.S.C §101 et. seq.].
Therefore, as is reflected in Rosenthal v. United Van Lines et al., 174 F.Supp.2d 1331 (ND GA, 2001), one of my reported cases on this precise issue [in other words, I helped to create law on the subject], virtually all state laws that are inconsistent with the Federal law [Carmack Amendment] are "preempted", meaning they are negated or nullified. See also Werner v. Westwind, 2009 U.S. App. LEXIS 396 (11th Cir. 2009).
Generally speaking (and with the usual legal disclaimers about this not being formal legal advice, etc. in mind), therefore, due to these principles a consumer utilizing an interstate motor carrier ("mover") has unusually limited [and in my view, unfair and unreasonable] remedies when property is damaged or other wrongs have been committed by the carrier. Specifically, this typically means that the compensation available for damage that occurs to one's goods is limited to the value of the goods as declared on the Bill of Lading in conjunction with the Tariffs that are determined and regulated under Federal law [of course you might be able to seek other relief by way of private insurance, etc.].
However, there are certain VERY NARROW exceptions - some of which are addressed in the Rosenthal case - which, if they are deemed to exist, MAY allow for the recovery of other losses. But the further complication and difficulty presented by these claims is that the courts in the various districts within the eleven Circuits [in addition to D.C.] around the country are all over the place with their interpretations and rulings on these issues, leaving the caselaw entirely inconsistent in most aspects.
Suffice it to say that the law is far from favorable for consumers when it comes to interstate moving carriers subject to the Carmack Amendment and unless the claim involves significant losses with significant value, I usually conclude that it's just not worth the uphill battle. Of course other attorneys may have a different opinion, and I certainly remain willing to speak with you or anyone else about possible representation in such cases, but I think it's important for the potential client to be aware of the likely costs and time required to pursue such a case.
Auden L. Grumet, Esq.
The Law Office of Auden L. Grumet, LLC