Bert Whitehead IV

Bert Whitehead

I am sorry that this client is unhappy. However, her recollection of the events is not quite accurate. Per our original phone call, she could not remember if her hearing was coming up on April 8 or April 9. I specifically told her that if it were on April 8th, I could not personally attend, but could have another attorney attend, because I was flying back to Arizona that evening of the 8th. I said that if it were the 9th, I definitely could attend. In fact, on my fee agreement which I sent her right after our initial phone call, I wrote: "Client is being evicted. Hearing 4/8 or 9? Needs representation to try to negotiate Dismissal with following conditions: 1. Client must vacate by 5/3 2. Client must pay rent through 5/3 3. If client does not vacate by 5/3, then attached Judgment for Eviction will be immediately effective, with writ of eviction available on 5/4 to be signed." Even our fee agreement noted that the client wasn't sure that it was the 8th or 9th. After the client paid, we found out that the hearing was on April 8th. Therefore, we let the client know that we would have another attorney there, and we assigned a very experienced attorney who has 18 years of law experience. Not only did I assign an experienced attorney, but we actually got an agreement from the opposing party that was giving our client exactly what we promised above, which is, again the following. This is what we promised ahead of time: "Needs representation to try to negotiate Dismissal with following conditions: 1. Client must vacate by 5/3 2. Client must pay rent through 5/3 3. If client does not vacate by 5/3, then attached Judgment for Eviction will be immediately effective, with writ of eviction available on 5/4 to be signed." We did in fact get an agreement that: 1. Client didn't have to vacate until 5/3. In fact, we got them until Saturday 5/4 to vacate by 5 pm! 2. Client was indeed required to pay rent through 5/3. 3. We did indeed get the opp party to agree that as long as they vacate by 5 pm on 5/4, then the complaint for eviction would be dismissed, with no Judgment of Eviction entered against them. Even after the hearing, and an order was entered, the opp atty confirmed in writing in various emails, which I shared with the client, that the above terms were valid. Therefore, we got the client exactly what we promised. I'm sorry that the client was not happy with the result. I don't know what else I could have gotten her being present myself, given that we got her exactly what we hoped to get, and what I promised to get. I do appreciate her, though, and understand that she is upset. I would have loved to have been the attorney there for that day, if that would have helped. Thank you. Bert Whitehead