Replies

1. 
   SamT | Dec 08, 2003 05:13am | #1

   Andy, I don't want to say anything bad about your law firm, (all the partners would sue me if I did) but if I hired you to build me a house, and I hired your partner to demolish  a half built house, how long would it take for you guys to finish and how much would it finally cost?

   SamT

   "You will do me the justice to remember that I have always strenuously supported the right of every man to his opinion, however different that opinion may be to mine. He who denies to another this right, makes a slave of himself to his present opinion, because he precludes himself the right of changing it."   Thomas Paine

2. 
   Piffin | Dec 08, 2003 05:21am | #2

   If he makes this much of a habit of taking advance payments with no production, it sounds like a strong case for fraud conviction. The DA might be interested, not that it would help put any dinero in your jeans pocket

   .

   Excellence is its own reward!

3. 
   CAGIV | Dec 08, 2003 06:18am | #3

   I have some suggestions

   None really legal though.

   Good Luck.

   Along the lines of what someone else said, not sure I'd want to use a lawyer from the same firm that my adversary has his lawyer though

1. 
   FastEddie1 | Dec 08, 2003 06:20am | #4

   I would be surpriused if the lawyer would accept the job, knowing his partner is on the other side.

   Do it right, or do it twice.

4. 
   FrankB89 | Dec 08, 2003 06:47am | #5

   One of my brothers had a similar problem once;  consulted with an attorney.  The Attorney made a list of six options:  Small claims court, file a complaint with the contractor's board, etc., etc.  Last item on the list was "Self Help."

   "What's this 'Self help' thing?" my brother asked.

   Replied the attorney, "that's when you and a bunch of your friends go visit the guy and kick the crap out of him.  Not recommended, of course, and no money in it, but you'll feel better."

   I'm not recommending self-help either, but it was good for a laugh at the time.

    

1. 
   ANDYSZ2 | Dec 08, 2003 07:17am | #6

   The thought has crossed my mind but even more desirable is the obtaining of some of his assets. My attorney had no idea when he filed that this was a client of another attorney  in his firm. My attorney is a friend of mine and maybe an insiders agreement can be reached.WHO KNOWS.

   This guy and I swapped favors a couple times and I made the mistake of thinking of him as a friend. I brought the idea to him about making a bunch of trailers to sell at his establishment and splitting the profits. It seemed like a good idea at the time as there was always a large flow of contractors coming to him to get their trailers repaired.He had showed me a book of all the trailers he had made before and I sure sucked myself into this deal.Then he kept putting off my stuff because he had so much business going thru there so I let it slide that was a fatal mistake.

   ANDYSZ2I MAY DISAGREE WITH WHAT YOUR SAYING BUT I WILL DEFEND TO THE DEATH YOUR RIGHT TO SAY IT.

1. 
   rjw | Dec 08, 2003 10:23pm | #8

   In addition to what Marv said - your guy should have done a conflicts check before taking your case, much less starting an action on your behalf (which I think you said he did.)

   You have the option of waiving the conflict - but keep in mind the other sidew would have to as well.

   It also looks like a delicate part of your guy's anatomy is between the jaws of the vise. It's up to you whther to start the handle turnin' {G}

   _______________________

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2. 
   ProBozo | Dec 08, 2003 11:20pm | #9

   >>>>I brought the idea to him about making a bunch of trailers to sell at his establishment and splitting the profits<<<<

   You're in a little different boat than someone who paid him to build trailers, then.  You and him entered into a business agreement to build and sell trailers.  Bad business deal/bad business partner is somewhat different than him outright ripping off a customer (although it sounds like he may have done that, too.)

   BTDT (bad business deal, not the ripping off customers part)

1. 
   ANDYSZ2 | Dec 09, 2003 11:19am | #10

   One of the things he kept insisting over the months was that I was not his partner and had no ties to him so I accepted that and told him just build the trailers and I would sell them. 2000 of the money was to build my own personnal custom trailer so not all business.

   ANDYSZ2I MAY DISAGREE WITH WHAT YOUR SAYING BUT I WILL DEFEND TO THE DEATH YOUR RIGHT TO SAY IT.

1. 
   john | Dec 09, 2003 04:01pm | #11

   The most important question- does this guy have any money or assets? He may appear to have assets, car, house etc, but does he own them?

   If he is a 'man of straw' in English legal parlance, then you may get some satisfaction from reporting him for fraud or maybe having him given a 'surprise visit' but there wouldn't seem to be any point in pursuing him legally.

   If he has got some money and others are also after it then maybe he will declare bankruptcy and you might get something that way.

   I know how it feels to get caught this way, I hope it hasn't affected your faith in human nature

   John

5. 
   marv | Dec 08, 2003 10:16pm | #7

   his attorney is in the same firm as mine..

   This is a conflict of interest.  Your attorney has notified you that it exists.  Now it is up to you to let your lawyer continue or hire another.  I would hire another.

   You get out of life what you put into it......minus taxes.

   Marv