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Small update: I think the wife wrote the threatening email and the lawyer husband forwarded it to my husband. So IDK if I can talk about ethics violations if he didn't technically write it.
The wording is interesting too...it talks about that they had a technician out 2 days ago (well after the 30 days), and that they are going to have to do such and such (but haven't done it yet).
Am I wrong or don't they have ONLY the 30 days for all their estimates and repair costs to be calculated?
Am I wrong or don't they have ONLY the 30 days for all their estimates and repair costs to be calculated?
Yes. He sent you a check within the proscribed time frame, you accepted it and deposited it. Case closed. He cannot now sue you for additional damages.
Small update: I think the wife wrote the threatening email and the lawyer husband forwarded it to my husband. So IDK if I can talk about ethics violations if he didn't technically write it.
The wording is interesting too...it talks about that they had a technician out 2 days ago (well after the 30 days), and that they are going to have to do such and such (but haven't done it yet).
Am I wrong or don't they have ONLY the 30 days for all their estimates and repair costs to be calculated?
If he forwarded a threatening email to you, yes, this is an ethics violation, at the very least, even if he didn't write it.
I don't believe this is an ethics violation. He's not her attorney, he's her landlord. Ethics violations concern the attorney client relationship.
Actually not in NC if I'm reading it correctly. A lawyer is given a special status other than ordinary citizen and an ethics violation can occur when a lawyer uses knowledge of the law to threaten or intimidate a non-lawyer.
Actually not in NC if I'm reading it correctly. A lawyer is given a special status other than ordinary citizen and an ethics violation can occur when a lawyer uses knowledge of the law to threaten or intimidate a non-lawyer.
I think you're stretching a point way beyond the norm and would caution anyone not to even consider filing an ethics violation complaint against an attorney unless you have your own legal advisor. They are very serious allegations and demand absolute proof before even being considered.
I'm well aware what frivolous litigation is and I very much doubt that even if this attorney did file a suit in small claims court to demand more money from the OP, even the loss of his case wouldn't be cause for either claiming the suit was frivolous or that he violated any ethics principle in filing it.
Of course I'm not an attorney and this is only my opinion. I'm having dinner next week with a few friends, two of whom are litigation attorneys, another who's a Judge Magistrate so I'll be happy to bring up the subject to get a professional viewpoint - we end up in quite lively discussions which are always interesting!
I think you're stretching a point way beyond the norm and would caution anyone not to even consider filing an ethics violation complaint against an attorney unless you have your own legal advisor. They are very serious allegations and demand absolute proof before even being considered.
No, they don't.
A lay person, with no knowledge of the law can file a claim. The procedures to do so are in the link I put above. You fill out the simple form, you send your documents, and they take it from there. If the complaint doesn't prove a violation, nothing bad happens to the attorney. Either way, nothing bad happens to the complainant. And the complainant doesn't have to hire an attorney to do so. It is designed this way, specifically, so that non-lawyers can afford to file a complaint against a lawyer, without knowledge of the law.
No end of the world scenario here.
But the threat of having a complaint filed with the Grievance Committee is powerful. If he has nothing to worry about, he says, go right ahead.
But, unless this guy is on crack, he's not going to let it happen, because he's abusing his position as a lawyer, intimidating someone with the fact that he's a lawyer, when he knows perfectly well that he's being dishonest in trying to get money out of someone who is not a lawyer, when he is not legally entitled to do so.
And that's not okay with the ethics rules of his bar association.
I really hope you call this guy's bluff, calgirlinnc, and don't let anyone scare you into thinking you can't.
The procedures to do so are in the link I put above. You fill out the simple form, you send your documents, and they take it from there.
Since research is your hobby, could you delve into the NC Rules of Professional Conduct to see what area of misconduct would be addressed in this case, since those rules are the guidelines which determine whether or not a filed grievance is justified?
And do you recommend that the OP file the grievance now or wait until if and when her landlord files a small claims suit against her?
Thanks.
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