A reasonable number of people here are lawyers, or have dealt with lawyers, or know lawyers, so this seems a good place to seek counsel.
My friend has a dispute and has been advised he needs a lawyer in Maryland to represent him. His valuable property was damaged, contracts for service may not have been satisfied, it's a whole sob story.
Right now, he's just trying to be sharp and start making calls off a better list than the phone book.
Thank you for sharing your insights. PM's are open or reply in thread. (Some details may need to go to PM.)
If other people are looking for lawyers, no objection to sharing the thread.
If I'm too far off topic for the forum, I accept penalty and thread removal.
In this matter, there's just too little information to begin to assess.
Should I just go to Baltimore, grab a phone book, hand it to my pal and wish him luck, or is there maybe someone you suggest he call first?
Absent that, forget using a lawyer referral service, they only refer ones who pay them to do so.
One way would be to google "real estate lawyers near me," get a list of names and then google each one, looking for client reviews.
Also check each name on a site called AVVO.com where attorney's peers rate them and info about the lawyer is given.
.
Real estate would be easier.
Some of the problems we're encountering are that a lot of people just don't know the first thing about hiring a lawyer, and it gets harder when you need one out of state, and it's harder if the problem is a bit weird.
The help is appreciated, keep 'em coming if you've got more.
of courseQuote: DieterAsking for a friend, of course.
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I would use that is to present all my initial questions about what I was trying to do and whether it was sound to pursue further. But that's only if you need to know that sort of thing.
Good to know if whatever it is is worth pursuing or baloney, or not just not worth it, or whatever.
Quote: odiousgambitof courseQuote: DieterAsking for a friend, of course.
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The fanciful suggestion that I might have a friend or be inclined to help with troubles is surely not the most egregious fiction ever posted on the internets.
Many thanks to the folks that have helped so far. I've passed on a few messages and suggestions, but have not yet heard reply.
My brother, a devout Catholic, would get professional services from the parishioners in his church. Given that he went to the cathedral for Mass, the folks who went there tended to be higher-end folks. Given their degree of religious devotion, they tended to be more upright, etc, than the random phone-book inhabitant.
My general contractor came from my parish. I have no problem with him at all.
I have found a broker that I really trust, who is part of a professional network encompassing all professions. He has recommended a few professionals to me that I need.
Funny, my brother was from the Baltimore area. Still is. The six feet of dirt atop him ensures he doesn't move around too much.
My knucklehead of a friend delayed too long.
Apparently the important lesson for him from this incident is "call a lawyer right away".
While he was trying to be a nice guy and work it out directly with the company that damaged his property, the company stopped taking his calls, and disconnected their phones at the end of the week. We're assuming that they have ceased operations under the original LLC and formed a new LLC.
Thanks all for your help.
The ball is in your friend's court. He can be proactive or just let it go. It takes some work, but he must decide if it is worthwhile to pursue.
tuttigym
There is a point of diminishing returns, where it costs more to get even than to eat the loss.
Quote: DieterHe could, but is it worth the 1200 mile drive 6 times to do the filings and court appearances, and then... someone has to actually collect on the judgment.
There is a point of diminishing returns, where it costs more to get even than to eat the loss.
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It is never worth filing a civil claim if you won't be able to collect on it.
He should talk to a real estate atty and consider going after the bond of the original company...assuming they were legit they should have posted one, and he can file a claim against it (out here, anyway: I assume same in Maryland).
Quote: MrVMay not be too late.
He should talk to a real estate atty and consider going after the bond of the original company...assuming they were legit they should have posted one, and he can file a claim against it (out here, anyway: I assume same in Maryland).
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My understanding is that he has given up.
Never even tried to call a lawyer.
C'est la guerre.
Quote: DieterHe could, but is it worth the 1200 mile drive 6 times to do the filings and court appearances, and then... someone has to actually collect on the judgment.
There is a point of diminishing returns, where it costs more to get even than to eat the loss.
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I guess I missed something here. Hiring anybody not local without some sort of references, background "check," or due diligence is just not taking care to protect the investment. How was your friend going to even monitor the job or work quality as well as on time performance?
I am not sure where you came up with "6 times to do the filings and court appearances" from, but whatever.
As far as a lesson learned, apparently there are still repairs or construction that still has to be performed unless your friend is willing to abandon the job entirely.
If your friend or anybody is in need of some kind of work involving construction, repair, or contracting, they need to insist the contractor provide a "Certificate of Insurance" naming the individual hiring the work as the "Certificate Holder." That instrument provided by the contractor's insurance agent, at no cost to the contractor or the hiring party, provides the name of the insuring carrier, the contractor as the insured, the limits of liability, and the type of contracting or work covered. It is also absolutely necessary that that document show "Completed Operations" coverage.
tuttigym
Quote: DRich
It is never worth filing a civil claim if you won't be able to collect on it.
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One does not know if one does not try
tuttigym
Quote: MrVMay not be too late.
He should talk to a real estate atty and consider going after the bond of the original company...assuming they were legit they should have posted one, and he can file a claim against it (out here, anyway: I assume same in Maryland).
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Most contractors, unless they do govt. jobs or very large commercially bid jobs are not bonded, but they are insured.
For me, hiring an attorney to file an action for a small recovery (under $5k) is counterproductive. That is why there are small claims court where the plaintiff does necessarily need an attorney for representation.
tuttigym
Quote: MDawgYou find out pretty quickly in life that getting a judgment against someone or some entity and collecting on it are two different things. Pretty much the only guaranteed collections are against established entities that know you'll be able to collect, don't fight it and just pay up. Against individuals, it's very iffy and even a high net worth individual might have his money held in a way that a judgment against him individually might not be collectible.
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As I stated above, one does not know if does not try, but there are legal tools that can provide means of recovery that are not that expensive or difficult to use such as liens (mechanic's lien come to mind) or other remedies. There is a commitment necessary, and not everyone is geared to such purpose including lawyers.
tuttigym
Quote: tuttigymQuote: DieterHe could, but is it worth the 1200 mile drive 6 times to do the filings and court appearances, and then... someone has to actually collect on the judgment.
There is a point of diminishing returns, where it costs more to get even than to eat the loss.
link to original post
I guess I missed something here. Hiring anybody not local without some sort of references, background "check," or due diligence is just not taking care to protect the investment. How was your friend going to even monitor the job or work quality as well as on time performance?
I am not sure where you came up with "6 times to do the filings and court appearances" from, but whatever.
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The job was to move the property from where it was (a warehouse by the ports in Baltimore) to where it needed to be (1200 miles away).
There was damage in transit, and some other issues.
"Property" is not always a chunk of land with a building on it.
In my limited experience, it takes 3 visits to the courthouse to get things done. That would likely mean driving there, and back, 3 times. 1200 x 6. (He doesn't like flying. Neither do I.)
Quote: DieterQuote: tuttigymQuote: DieterHe could, but is it worth the 1200 mile drive 6 times to do the filings and court appearances, and then... someone has to actually collect on the judgment.
There is a point of diminishing returns, where it costs more to get even than to eat the loss.
link to original post
I guess I missed something here. Hiring anybody not local without some sort of references, background "check," or due diligence is just not taking care to protect the investment. How was your friend going to even monitor the job or work quality as well as on time performance?
I am not sure where you came up with "6 times to do the filings and court appearances" from, but whatever.
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The job was to move the property from where it was (a warehouse by the ports in Baltimore) to where it needed to be (1200 miles away).
There was damage in transit, and some other issues.
"Property" is not always a chunk of land with a building on it.
In my limited experience, it takes 3 visits to the courthouse to get things done. That would likely mean driving there, and back, 3 times. 1200 x 6. (He doesn't like flying. Neither do I.)
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You know there is always a Greyhound bus!!!
:)
tuttigym
Quote: darkoz
You know there is always a Greyhound bus!!!
:)
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Indeed!
Peter Pan doesn't run from West Flyover to Baltimore.
Surprisingly, Amtrak would be quite convenient.
Quote: tuttigymOffering help or diagnosing a problem does require some specifics of the problem rather than generalities that can lead to erroneous conclusions and ineffective "answers."
tuttigym
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Yes, but it's not my problem, and there are details I can't disclose.
The original request for assistance was to figure out how to get in touch with a lawyer in a useful area without resorting to throwing darts at the phonebook. ("Call the bar association; they can usually refer you.")
Quote: tuttigymQuote: DRich
It is never worth filing a civil claim if you won't be able to collect on it.
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One does not know if one does not try
tuttigym
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I disagree. When the crazy homeless guy through a rock at my car and broke the window I could not justify spending money to try to collect. I would have to pay to serve him and he has no address, I would have to pay costs for small claims court and I would win by default because he wouldn't show up, how do I collect from him when I don't have a name or address? I guess I could attach his bank accounts LOL.
Quote: DieterThe job was to move the property from where it was (a warehouse by the ports in Baltimore) to where it needed to be (1200 miles away).
There was damage in transit, and some other issues.
"Property" is not always a chunk of land with a building on it.
In my limited experience, it takes 3 visits to the courthouse to get things done. That would likely mean driving there, and back, 3 times. 1200 x 6. (He doesn't like flying. Neither do I.)
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With this new “twist”, it occurred to me that your friend may not be required to make a claim at the origin… If it’s a problem with a shipper who didn’t deliver, couldn’t one make a claim at the destination? The damage caused to the property could be a secondary claim (need help with legal terms!).
As goods were damaged in transit the contractor probably has insurance to cover the loss.
Have your buddy talk to a lawyer and have the lawyer send a demand letter to the shipper, informing him of the claim and advising him to notify his insurance company to handle it.
The LLC change should not affect an insurance claim.
I made a claim against a truck company that shipped my car from Denver to stumptown; it was damaged due to ham-fisted negligence, and the insurance company quickly settled without me filing a lawsuit.
Quote: MrVHave your buddy talk to a lawyer and have the lawyer send a demand letter to the shipper, informing him of the claim and advising him to notify his insurance company to handle it.
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I'm in full agreement.
He never made it as far as "and".
Quote: DieterQuote: tuttigymOffering help or diagnosing a problem does require some specifics of the problem rather than generalities that can lead to erroneous conclusions and ineffective "answers."
tuttigym
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Yes, but it's not my problem, and there are details I can't disclose.
The original request for assistance was to figure out how to get in touch with a lawyer in a useful area without resorting to throwing darts at the phonebook. ("Call the bar association; they can usually refer you.")
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But that is exactly what you did. You ask for a help to get a lawyer. No specifics but you wanted us to "throw the darts." We had no idea what we were looking at, i.e., divorce, contract, liability, theft of services, personal injury???? My post got to the heart of the matter without you having to give away any confidences.
My posts talked about insurance claim or other remedies. With all due respect dieter, better specificity might have provided you and your friend some better and more relevant remedies.
tuttigym
Quote: DRichQuote: tuttigymQuote: DRich
It is never worth filing a civil claim if you won't be able to collect on it.
link to original post
One does not know if one does not try
tuttigym
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I disagree. When the crazy homeless guy through a rock at my car and broke the window I could not justify spending money to try to collect. I would have to pay to serve him and he has no address, I would have to pay costs for small claims court and I would win by default because he wouldn't show up, how do I collect from him when I don't have a name or address? I guess I could attach his bank accounts LOL.
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Yeah like suing a 5 year old birthday guest that broke a valuable antique vase in your home. That post is beyond a stretch.
tuttigym
Quote: tuttigymBut that is exactly what you did. You ask for a help to get a lawyer. No specifics but you wanted us to "throw the darts." We had no idea what we were looking at, i.e., divorce, contract, liability, theft of services, personal injury???? My post got to the heart of the matter without you having to give away any confidences.
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I stated, in the first post:
Quote: Dieter
My friend has a dispute and has been advised he needs a lawyer in Maryland to represent him. His valuable property was damaged, contracts for service may not have been satisfied, it's a whole sob story.
Right now, he's just trying to be sharp and start making calls off a better list than the phone book.
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I think that steers things with enough specifics to know that "it's not a divorce". Heck, there are billboards up all over the place for divorce & personal injury.