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The "negotiation" cannot be voided now. There is no way, no how the other side is going to turn back and if we go before a judge, I'm still going to be screwed. Either way, I'm on the losing end.
The point of the negotiation was so that both sides would get something. Now, I'm getting NOTHING. I guess this is her idea of negotiating: be nice to the other side and give them what they want?
Changing the phone number is no biggie. I rarely use my home phone so changing that is no problem. As for the cell, I can just hit "ignore" any time she tries to call.
There was no written authorization for her to talk for me but she DID send an email to the other side about what the "final agreement" is and how it's "fair to both sides".
I still cannot believe she did something this stupid. Once this is over, I do plan to write her a very to-the-point letter letting her know what I think of her "negotiations" and how she completely ruined everything and that I want nothing to do with her anymore.
Forget punishing your "friend"...You have more critical things to attend to.
This just does not make sense, legal or otherwise. You didn't appoint her your power of attorney...and she isn't legally representing you, because to pretend to be an attorney is itself illegal as I understand it. Nothing is binding unless you formally sign something. Is there a contract that you signed?
Why can't you write another email disclaiming her involvement, and negotiate yourself. Granted, the court systems use email now for transferring legal papers...but I do not believe any sort of agreement is binding without it being a hard copy document, notarized and filed with the clerk of court.
If this is a monetary settlement, you could make the judgement mute by filing bankruptcy.
Go at least and get an attorney consultation and see if you can remedy this. Also, money or not, often attorneys will accept property or something of value in lieu of fees...It would be worth a try imo.
Last edited by JanND; 01-23-2013 at 07:30 AM..
Reason: edit text
No, she told them several truths that I was holding onto as "ammo" in case I needed to use it if we ended up in a court hearing.
Again, the reason I can do nothing at this point is because she already gave in to every single thing they wanted and now, they're not going to agree to anything less. Going to court would be futile because I cannot afford an attorney and I am over the income guidelines for free representation (you don't just "get" legal aid)
I understand you can't afford to hire an attorney to represent you in court. However, it's just seems like common sense that, in general, if you are legally entitled something then it shouldn't matter whether the other party will agree to it or not. What matters is what the law says you're entitled to.
If the value of the "things" is small enough, have you considered small claims court where I believe no lawyers are allowed?
If the value is larger, have you considered a one-time visit to an attorney to gain some legal advice as to your chances of winning enough to make it worthwhile representing yourself in court? At the very least, perhaps the lawyer can draft up some sort of "scary" formal letter on his/her letterhead that can be sent to your protagonists that might undo some of the harm your "friend" has caused. In other words - bluff the other side into thinking you are seriously considering legal action. That might make them amenable to further negotiation.
What was her explanation/excuse for so blatantly misrepresenting your interests? Do you have it in writing?
I don't think you should give up. I think you need to consult an attorney asap. You may be able to sue her for damages, and she will have to pay your legal costs if you win. You certainly seem to have a case if you are being 100% truthful here.
Also I find it very strange that the title of your post is "Friend who has no respect" instead of something along the lines of "Friend wrongfully misrepresented me in a critical legal matter costing me $XXX in money/assets." It seems odd that you focused on the respect factor rather than the professional misconduct.
]I would hire a real attorney asap and get into real legal negotiations[/b]. You didn't sign anything, Did you? What a bad choice allowing a non-professional to negotiate something that seems by your vent, so important to you. Is it even legal, since she is not an attorney? Of course, now I'm dying to hear about the legal situation.
Quote:
Originally Posted by JanND
Forget punishing your "friend"...You have more critical things to attend to.
This just does not make sense, legal or otherwise. You didn't appoint her your power of attorney...and she isn't legally representing you, because to pretend to be an attorney is itself illegal as I understand it. Nothing is binding unless you formally sign something. Is there a contract that you signed?
Why can't you write another email disclaiming her involvement, and negotiate yourself. Granted, the court systems use email now for transferring legal papers...but I do not believe any sort of agreement is binding without it being a hard copy document, notarized and filed with the clerk of court.
If this is a monetary settlement, you could make the judgement mute by filing bankruptcy.
Go at least and get an attorney consultation and see if you can remedy this. Also, money or not, often attorneys will accept property or something of value in lieu of fees...It would be worth a try imo.
I agree with with JanND. Talk to an attorney or two or three. Normally consultations are free. Depending on the case you may have an attorney who only accepts payment if they win (as part of the settlement) or may want to do it for the publicity or the challenge. You may find an attorney who is so outraged at your friends behavior that he may do it for free and throw in a law suit on your friend as well!
Also, some workplaces have a benefit of attorneys that can do minor cases for employees for free.
Or maybe a law firm will take it on Pro Bono (for free). Or go look for a free law clinic in your town or a nearby big city. Maybe a semi-retired attorney would do it for free or a reduced price.
I mentioned this posting to a retired attorney and he agreed that the whole situation seems pretty odd. He strongly suggested going to a real attorney to try to get it straightend out. He also recommended doing it quickly, before the other side can do anything else. The quicker that you do it may also make your case against your former friend stronger. He said "Fight it and maybe you can win in the end".
Quote OP "For example, I recently had a court issue (long story, not important). She is knowledgeable in the legal field so I asked for her help. I was trying to NEGOTIATE with the other side. She said she can speak to them for me and negotiate".
Regardless...You are unhappy with your friend, who graciously helped you after you asked her too. Like they say..."No good deed goes unpunished." Best of luck to you.
Last edited by JanND; 01-23-2013 at 04:33 PM..
Reason: revised
If this "friend" is not an attorney, I don't understand how she could negotiate for you. She is practicing without a license. Is she a licensed mediator? And how can it be legally binding without a signing a settlement agreement?
I would contact the court and see if I could fix some of the damage - at least try to cut my losses.
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