Dieter
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May 6th, 2022 at 4:25:54 AM permalink
Asking for a friend, of course.

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.
May the cards fall in your favor.
MDawg
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May 6th, 2022 at 8:16:43 AM permalink
In law, notwithstanding what non-lawyers think, there are usually no simple answers. Lot of back and forth goes into just getting to an answer.

In this matter, there's just too little information to begin to assess.
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Dieter
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May 6th, 2022 at 8:44:23 AM permalink
I understand. There is a lot going on, and I'm being purposefully vague.

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?
May the cards fall in your favor.
MrV
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May 6th, 2022 at 8:58:50 AM permalink
A word of mouth referral can be useful and is probably the best way..

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.

.
"What, me worry?"
Dieter
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May 6th, 2022 at 10:03:14 AM permalink
Word of mouth is tricky. He can't just randomly start hanging out at lawyer bars on the other side of the country and hope to make a friend.

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.
May the cards fall in your favor.
billryan
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May 6th, 2022 at 10:26:58 AM permalink
Someone who considers me a " big brother" is a top lawyer in DC. I think he would recommend someone if I asked him. Just be sure you understand top lawyers charge top dollars. My friend is the leading attorney when it comes to Federal Whistle-blowers. He represented the Officer involved in the first impeachment. He was the lead on the Pan Am/Libya civil case that collected a couple billion dollars.
The difference between fiction and reality is that fiction is supposed to make sense.
UP84
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May 6th, 2022 at 10:33:33 AM permalink
Lawyer here. I suggest you try to contact a state or local bar association. They usually have legal referral resources. The real key to getting the right attorney in the right area of law is to identify the legal issues in play given the fact pattern. For criminal activity or accidents, this is relatively straightforward, but for complicated situations it's not so easy. Someone at the referral service should be able to help clarify the potential legal issues and point you in the right direction...they'll need to anyway in order to give you a proper referral.
odiousgambit
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May 6th, 2022 at 12:31:53 PM permalink
Quote: Dieter

Asking for a friend, of course.


link to original post

of course
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rxwine
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May 6th, 2022 at 2:40:00 PM permalink
They do have lawyer services online where they will give you advice for a fee.

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.
There's no secret. Just know what you're talking about before you open your mouth.
Dieter
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May 6th, 2022 at 3:53:28 PM permalink
Quote: odiousgambit

Quote: Dieter

Asking for a friend, of course.
link to original post

of course
link to original post



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.
May the cards fall in your favor.
BillHasRetired
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May 15th, 2022 at 4:11:46 PM permalink
It's funny where you find things.

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.
Dieter
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June 26th, 2022 at 5:01:07 AM permalink
Update:

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.
May the cards fall in your favor.
tuttigym
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June 26th, 2022 at 8:47:25 AM permalink
For what it is worth, I would file an action against the individual who was the contractor in small claims court. The filing fee is usually quite small, and one does not need an attorney, The recovery, depending on MD state law could be up to $25k with a punitive amount, again depending on state law, for fraud. The action or complaint would be for "breach of contract." Also, if there were subcontractors involved, they could be named in the complaint as defendants. Even if the contractor has changed "names," he was probably insured with contractor's general liability insurance coverage. That information could be obtained. If there was such coverage, the insurance carrier could be contacted for relief prior to filing a legal action because the insurance contract was in force at the time of "repair,"

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
Dieter
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June 26th, 2022 at 9:01:00 AM permalink
He 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.
May the cards fall in your favor.
DRich
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June 26th, 2022 at 9:26:36 AM permalink
Quote: Dieter

He 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



It is never worth filing a civil claim if you won't be able to collect on it.
At my age, a "Life In Prison" sentence is not much of a deterrent.
MrV
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June 26th, 2022 at 10:29:59 AM permalink
May 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).
"What, me worry?"
Dieter
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June 26th, 2022 at 11:20:38 AM permalink
Quote: MrV

May 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).
link to original post



My understanding is that he has given up.
Never even tried to call a lawyer.

C'est la guerre.
May the cards fall in your favor.
MDawg
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June 26th, 2022 at 11:30:29 AM permalink
You 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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tuttigym
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June 26th, 2022 at 12:37:36 PM permalink
Quote: Dieter

He 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.

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
tuttigym
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June 26th, 2022 at 12:40:48 PM permalink
Quote: 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
tuttigym
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June 26th, 2022 at 12:47:53 PM permalink
Quote: MrV

May 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).
link to original post


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
tuttigym
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June 26th, 2022 at 12:55:26 PM permalink
Quote: MDawg

You 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.
link to original post


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
Dieter
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June 26th, 2022 at 12:57:41 PM permalink
Quote: tuttigym

Quote: Dieter

He 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.

link to original post



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.)
May the cards fall in your favor.
darkoz
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June 26th, 2022 at 12:59:37 PM permalink
Quote: Dieter

Quote: tuttigym

Quote: Dieter

He 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.

link to original post



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.)
link to original post



You know there is always a Greyhound bus!!!

:)
For Whom the bus tolls; The bus tolls for thee
tuttigym
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June 26th, 2022 at 1:09:41 PM permalink
Offering 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
Dieter
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June 26th, 2022 at 1:16:53 PM permalink
Quote: darkoz


You know there is always a Greyhound bus!!!

:)
link to original post



Indeed!

Peter Pan doesn't run from West Flyover to Baltimore.
Surprisingly, Amtrak would be quite convenient.
May the cards fall in your favor.
Dieter
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June 26th, 2022 at 1:19:47 PM permalink
Quote: tuttigym

Offering 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
link to original post



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.")
May the cards fall in your favor.
DRich
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June 26th, 2022 at 1:40:57 PM permalink
Quote: tuttigym

Quote: 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
link to original post



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.
At my age, a "Life In Prison" sentence is not much of a deterrent.
camapl
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June 26th, 2022 at 2:30:57 PM permalink
Quote: Dieter

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.)
link to original post



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!).
Expectation is the root of all heartache.
MrV
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June 26th, 2022 at 2:42:34 PM permalink
With the actual facts fleshed out a bit I will give another, better focused suggestion.

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.
"What, me worry?"
Dieter
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June 26th, 2022 at 3:20:57 PM permalink
Quote: MrV

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.

link to original post



I'm in full agreement.

He never made it as far as "and".
May the cards fall in your favor.
tuttigym
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June 26th, 2022 at 3:55:52 PM permalink
Quote: Dieter

Quote: tuttigym

Offering 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
link to original post



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.")
link to original post


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
tuttigym
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June 26th, 2022 at 4:01:16 PM permalink
Quote: DRich

Quote: tuttigym

Quote: 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
link to original post



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.
link to original post


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
Dieter
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June 26th, 2022 at 5:10:41 PM permalink
Quote: tuttigym

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.
link to original post



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.
link to original post



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.
May the cards fall in your favor.
rxwine
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Dieter
June 27th, 2022 at 5:59:30 AM permalink
Even if a judgment can not be accessed, if there is a an agency for reporting frauds, that should be done in my opinion. Otherwise, you really are doing nothing about it.
There's no secret. Just know what you're talking about before you open your mouth.
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