Law Firm problems

Started by JackieB • 6 replies • 1183 views

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JackieB (California)
Posts: 198

Posted:

2 years ago our HOA/PM asked for a legal interpretation of a fence issue in our
CCR's. The lawyer that gave the explanation has left the firm. The new BOD has reviewed the CCR's and feel quite confident that the above legal interpretation was
in error. To add flavor to the problem, the above lawyer (speciality is Wills/Trusts) has left the firm. We have asked for a review of CCR's and their legal interpretation but the law firm won't step up to the plate and has told our
PM to contact "the other lawyer"...which isn't with their firm. I feel we hired the firm, who assigned the request to her, so the firm should be held accountable.
Our PM seems to lack experience or the backbone to insist on review. Our Pres. is
a lawyer, who has asked to meet with the law firm(original) and has also submitted
in writing, with photos, why he feels the legal interp. is incorrect. Please advise.
Thanks,
Jackie

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jackie,
In my years of being in HOAs and having attorney opinions on issues, if you have 20 issues, you might get 20 different opinions. Also, as the years pass, the same issue will change as court cases are ruled on and many differently results. (A perfect example is pick-up trucks. In Florida, they can be parked outside or are not considerd trucks, depending on which County or Judge that you end up with)
The firm that you had where the first opinion came from, should hold accountable ,but lawyers have different rules in different states. What is wrong in contacting the original lawyer? It is only a phone call and the worst thing that will happen is that he will tell you to go back to the firm that you still use. If you are paying them a "Retainer", I would consider that as important.

JackieB (California)
Posts: 198

Posted:

Donna,
I always love your replies. Thanks. The problem is that lawyer #1 isn't an
HOA experienced lawyer, but focused on Wills/trusts. Her opinion 2 years ago
was feeble and apparent she didn't read a few pages down the CCR's. The opinion was on Legal letterhead of the firm she no longer belongs too.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jackie,
Thank you for the compliment. I attack all of these posts from a common sense attitude and then add in what my BOD mentors have taught me.

I would just skip Lawyer #1, especially if you have no confidence in her decision to begin with. HOA laws are as complicated as can be so for her to specialize in Wills/Trusts, that would not be a confidence builder for me. stay with the firm that you already use or find another that is a HOA specialist.

GloriaM (North Carolina)
Posts: 829

Posted:

Jackie:

If the HOA signed a General Counsel Agreement with the law firm, then it doesn't matter if the paralegal gave an opinion, your agreement is with the law firm. Therefore they need to stand behind whatever work was performed during this agreement.

JackieB (California)
Posts: 198

Posted:

Makes sense to me too. But she wasn't a paralegal......rather an attorney with
the firm our PM used.

GloriaM (North Carolina)
Posts: 829

Posted:

Jackie:

I was just using that as an example that it didn't matter who in the firm gave the opinion if you had an agreement with the law firm, then they have to stand by the opinion.

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