Need To Vent For A Moment

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  • toasty
    Sir Toastiness
    • Jun 2004
    • 6585

    Need To Vent For A Moment

    Check this out -- first, a little background: we live in a neighborhood in St. Louis where most of the homes are quite old (by US standards) and have been, or are being, rehabbed. Our house, for example, was built in 1893 but was ripped to the studs in 2006 and a new, modern home was built inside the shell of this old Victorian home. Most of us in the neighborhood have dealt with builders at some point or another -- in my case, we bought the house from the rehabber.

    To make a long story short, after extensive efforts to work something out amicably, we were forced to sue the rehabber that sold us the house. I can honestly say I'm not pissed at the guy, but he owes us quite a bit of money -- too much to just let go -- and although he's promised to pay us, he hasn't done so. At some point, you've got to do what you've got to do.

    Well, that was about a month ago, and the attorney handling the case for me just gave me the first pleading filed by the defense attorney -- and it's a friend of mine that lives like two blocks from me. Not a friend like he was in my wedding party or anything, but I know him well enough that his number is in my phone, he's been to my house when I've had people over, and we've had more than a few beers together. Also, he and I worked on the Obama campaign together, and because he's the neighborhood association president and I'm the webmaster of the Neighborhood Ass'n website, I'm in regular communication with him. I'm stunned that he took the case.

    I realize that business is business, and there is a large part of me that thinks I'm overreacting to this. In my practice, I rarely have any personal animosity for the people I'm litigating against (unless they've done something so egregious that I view it as an affront to common decency, which does happen) and have no problem turning it on and off. In my role as attorney (as opposed to a litigant), I routinely handle cases where the other attorney is a friend of mine and that's part of the deal -- go hard between the whistles, but leave it on the field. With that said, though, seriously dude, WTF? He may not technically have a conflict of interest -- which, I guess, is why he felt free to take the case -- but it's just bad practice. As attorneys, we are duty-bound to zealously represent our clients which, because of the adversarial nature of litigation, comes at the expense of the opposing party. I would never, ever take a case where I was duty bound to see to it that a friend of mine got as little as possible, even if I thought they were 100% wrong.

    To put it another way, by taking the case, he is representing to his client, the world, and most importantly me, that he will make it his goal to ensure that we lose this case. I probably wouldn't do that to someone I knew personally, let alone someone I consider a friend.

    Fuck this douche. Christmas card list just got a bit shorter.

    [/rant]
  • Kamal
    Administrator
    • May 2002
    • 28835

    #2
    Re: Need To Vent For A Moment

    That is a tough call, I always thought the legal profession had sharp edges to it, until I got into my line of work and the type of people I have met/dealt with and the shit they do is unnatural of anyone with a conscience ..... I guess when money is involved, not surprisingly, the larger the sums, the dirtier the people.
    www.mjwebhosting.com

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    Originally posted by ace_dl
    Guys and Gals, I have to hurry/leaving for short-term vacations.
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    Comment

    • Huggie Smiles
      Anyone have Styx livesets?
      • Jun 2004
      • 11835

      #3
      Re: Need To Vent For A Moment

      any chance that he thinks its a different Toasty and not you?
      or that he has some kind of history with the guy he is representing (that would override your relationship with him)?



      other than that - boo ya sucks - make sure your dude wins!

      also - if [ms] can phone in a complaint ot the bar then let us know!
      ....Freak in the morning, Freak in the evening, aint no other Freak like me thats breathing....




      Comment

      • floridaorange
        I'm merely a humble butler
        • Dec 2005
        • 29116

        #4
        Re: Need To Vent For A Moment

        The strangest twist is that he's also the president of the home owners association, that seems like arms length to me, and totally f*cked up.

        It was fun while it lasted...

        Comment

        • dusk
          DUDERZ get a life!!!
          • Jun 2004
          • 7266

          #5
          Re: Need To Vent For A Moment

          Originally posted by Kamal
          I guess when money is involved, not surprisingly, the larger the sums, the dirtier the people.
          That I'm afraid sums it up in a nutshell!
          ~ You are what you think you are ~


          Comment

          • toasty
            Sir Toastiness
            • Jun 2004
            • 6585

            #6
            Re: Need To Vent For A Moment

            Originally posted by Huggie Smiles
            any chance that he thinks its a different Toasty and not you?
            or that he has some kind of history with the guy he is representing (that would override your relationship with him)?



            other than that - boo ya sucks - make sure your dude wins!
            To be clear, it's not a matter of my client winning, it's me, personally -- I'm the plaintiff, and he represents the defendant. I'm being represented by a friend of mine.

            I have considered the idea that perhaps he has a personal relationship with the Defendant, but that seems unlikely to me. I've lived in the neighborhood longer than he has, and the rehabber doesn't live around here or do business here anyway, so barring some really odd coincidence, I don't see it.

            Comment

            • Huggie Smiles
              Anyone have Styx livesets?
              • Jun 2004
              • 11835

              #7
              Re: Need To Vent For A Moment

              (I understood the first time!) hahaha and make sure your dude wins for you (clearer?) (as mud) gone.
              ....Freak in the morning, Freak in the evening, aint no other Freak like me thats breathing....




              Comment

              • fyrestarter
                Gold Gabber
                • Feb 2009
                • 527

                #8
                Re: Need To Vent For A Moment

                maybe he's pulling a little trick: he will represent you so poorly that it will guarantee your win?
                I wonder if this new healthcare thing covers my pre-existing condition: AWESOMENESS.

                Comment

                • Miguel
                  Are you Kidding me??
                  • Oct 2005
                  • 3182

                  #9
                  Re: Need To Vent For A Moment

                  ^^^^ for that to happen it'll have to be like a lifetime friend ...

                  hes trying to rip u off .. fuck him like you said

                  Comment

                  • toasty
                    Sir Toastiness
                    • Jun 2004
                    • 6585

                    #10
                    Re: Need To Vent For A Moment

                    Originally posted by Huggie Smiles
                    (I understood the first time!) hahaha and make sure your dude wins for you (clearer?) (as mud) gone.
                    whoops, I see now

                    Comment

                    • day_for_night
                      Are you Kidding me??
                      • Jun 2004
                      • 4127

                      #11
                      Re: Need To Vent For A Moment

                      is he even ethically allowed to take the case?? couldn't you have a different lawyer requested based on what you've just told us?

                      Comment

                      • Miguel
                        Are you Kidding me??
                        • Oct 2005
                        • 3182

                        #12
                        Re: Need To Vent For A Moment

                        ^^ maybe for the reason that hes the neighborhood association pres.
                        not because of your " relationship" with him

                        Comment

                        • toasty
                          Sir Toastiness
                          • Jun 2004
                          • 6585

                          #13
                          Re: Need To Vent For A Moment

                          Originally posted by day_for_night
                          is he even ethically allowed to take the case?? couldn't you have a different lawyer requested based on what you've just told us?
                          I've thought about that, but I don't think so. Just having a relationship with me doesn't give him a conflict in the purely legal sense. If I were his client, I wouldn't want someone as my attorney who was personal friends with the opposing party and whether he's disclosed that to his client, I have no idea, but that's between him, his client, and the bar. There's no legal/ethical impediment to him saying, in essence, "Fuck my relationship with toasty, I'd rather take this case" -- which, by the way, is exactly what he's done, as far as I'm concerned, at least if nothing changes.

                          I'm trying to remember if I've ever mentioned to him the problem we had with the rehabber, because if I'd ever discussed it with him, he might be conflicted out on the basis that he might actually be a fact witness.

                          Upon further reflection, it does occur to me that this is the initial appearance and remembering my days as a defense attorney, it's certainly possible that his partner put his name on the case and he has no idea that he's on the pleadings as of this moment. I'm going to try to give him the benefit of the doubt in the short term.

                          Comment

                          • Garrick
                            DUDERZ get a life!!!
                            • Jun 2004
                            • 6764

                            #14
                            Re: Need To Vent For A Moment

                            yeah, i don't see any conflict of interest professionally. i just think the guy is either a) in need of work or b) a dick or c) ignorant to the fact that you are on the other side...

                            if you guys are close, i'd just ask him why he did it. he might have a good reason. either way, from first observation, i'd be really pissed off too.
                            Should I fuck you at that not until the ass, inject then tremendously hard bumschen and to the termination in the eyes yes?

                            Comment

                            • toasty
                              Sir Toastiness
                              • Jun 2004
                              • 6585

                              #15
                              Re: Need To Vent For A Moment

                              Originally posted by Miguel
                              ^^ maybe for the reason that hes the neighborhood association pres.
                              not because of your " relationship" with him
                              No conflict there, either. He's the president of our Neighborhood Association, which is a voluntary organization that costs like $20 a year -- it's not like I answer to him or anything, nor does he have the authority to make me do diddly poo by virtue of his office. Frankly, it's a position that people agree to hold, rather than everyone clamoring to reign over the fiefdom that is our neighborhood. While I'm happy that he's agreed to do it for our neighborhood's sake, it is not like he exerts unfair leverage over me because of his post.

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